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20010101 - Agenda Packet - Board of Directors (BOD) (11)
Midpeninsula Regional ° Open Space District Meeting 10-29 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, October 27,2010 SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.M. REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M. 330 Distel Circle Los Altos, California AGENDA SPECIAL MEETING 5:00* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION *I. Closed Session:Public Employee Performance Evaluation—California Government Code§54957(b)(1). Title of Employee: General Manager.General Counsel, and District Controller REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION ROLL CALL REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ** ORAL COMMUNICATIONS—PUBLIC ** ADOPTION OF AGENDA 7:10* CONSENT CALENDAR *1. Approve Minutes of the Regular and Special Board Meetings of September 22,2010 *2. Approve Revised Claims Report *3. Approve Written Communications—C.Hartnett and K. Tynan 7:20* BOARD BUSINESS 4. Calling of two Special Board Meetings for November 15,2010,and December 9,2010—M. Radcliffe 5. Authorization for Use of New Comparator Benchmark Agencies Recommended by Koff&Associates to Complete the Classification and Compensation Study—A. Spiegel 6. Approve the purchase of the Bergman Trust property as an addition to the Russian Ridge Open Space Preserve, located at 20000 Skyline Boulevard,Woodside,California(San Mateo County Assessor's Parcel Number 080-330-080);Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act. 7. Authorization to Amend the Preliminary Use and Management Plans for Lobitos Ridge and Elkus Ranch Uplands Additions to the Purisima Creek Redwoods Open Space Preserve to Incorporate a Rangeland Management Plan for the Lobitos Rid e/Elkus Ranch Uplands s Grazing Unit; and Authorization to Approve g g p g PP a Proposed Negative Declaration and Grazing Lease for the Lobitos Rid e/Elku s Ranch Uplands Grazing p g g g P g Unit—E. Cuzick 8. Award of Contract with Rutherford&Chekene to conduct a Structural Lateral Analysis and Geotechnieal Assessment of the Radar Tower at the former Almaden Air Force Station on Mount Umunhum—G. Cooney 9. Authorization to Apply for a Land and Water Conservation Fund Grant for the El Corte de Madera Creek Parking/Staging Area and Trails Project—G. Laustsen 10. Memorial Bench Policy—R.Jurgensen INFORMATIONAL REPORTS—Reports on compensable meetings attended.Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. To ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members,the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200.Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022, 1 1 1 1 I,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on October 22,2010,at the Administrative Offices of MROSD,330 Distel Circle, Los Altos California,94022. The agenda is also available on the District's web site at http://www.op=ace.om. Signed this 22od day of October,at Los Altos,California. 1,7 14.9,9; L District Clerk October 22,2010 Midpeninsula Regional Open Space District BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, October 27, 2010 330 Distel Circle Los Altos, California NOTICE OF ADJOURNMENT OF THE OCTOBER 27, 2010, SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Pursuant to Government Code Section 54955, all members of the Board of Directors of the Midpeninsula Regional Open Space District being absent from the Special Meeting of October 27, 2010, the District Clerk has declared the Special Meeting adjourned to the following time and place: THE NEXT REGULAR MEETING OF THE BOARD OF DIRECTORS WILL BE HELD ON OCTOBER 27, 2010, at 7:00 p.m. at the District's Administrative Office located at 330 Distel Circle, Los Altos, CA 94022 CERTIFICATION OF POSUNG OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on October 27,2010,at the Administrative Offices of MROSD,330 Distel Circle, Los Altos California,94022. The agenda is also available on the District's web site at http://www.openspace.org, Signed this 27h day of October,at Los Altos,California. District Clerk October 27,2010 +' Claims No. 10-21 Meeting 10-29 Date 10/27/10 Midpeninsula Regional Open Space District # Amount Name Description 13763 $13,171,46 Patsons Media Group Printing Services-Brochures For Purisima Creek Redwoods, South Skyline, ECDM&RSA 13764 $12,219.75 Pavement Engineering Roadway Planning Assessment-Mt. Umunhum Road 13765 $5,707.00 Knapp&VerPlanck Preservation Beatty Property Historic Architecture Assessment Architects 13766 $5,312.90 Ascent Environmental CEQA/NEPA Strategy For Mt. Umumhum Remediation&Planning 13767 $5,301.55 Dell Business Credit Five Notebook Computers 13768 $4,681.71 David J. Powers&Associates Consultant Services To Complete CEQA Review For Cooley Landing Project 13769 $4,148.94 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 13770 $3,750.00 Jakaby Engineering Engineering Services-Design&Oversight Of Methuselah Bridge 13771 $3,729.25 Tannerhecht Architecture Architecture Services For SFO 13772 $3,598.41 Acterra Native Plants For Skyline Ridge Tree Farm 13773 $3,575.73 Hertz Equipment Rental Equipment Rental-Dozer&Excavator For Road Repairs At Bear Creek Redwoods 13774 $3,460.00 Hazard Management Services Hazardous Materials Surveys&Updates At Mt. Umunhum p 13775 $3,210.77 `1 First National Bank Field Supplies/First Aid Supplies/Flail Mower Parts/Memory Card For Camera/Poison Ivy Cream/Rake Heads&Poles For Schilling Lake/Respirators&Cartridges/Decibel Meter/Trail Counter Boxes&Supplies/Handheld GPS 13776 $3,159.09 Design Concepts Graphic Design Services-Preserve Brochures, Business Cards& Mt. Umunhum Postcards 13777 $3,116.50 Knapp&VerPlanck Preservation Bear Creek Stables Historic Architecture Assessment Architects 13778 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 13779 $2,238.75 Concern Employee Assistance Program Quarterly Fee 13780 $2,170.00 Don Langrock Reimbursement-Slender False Brome Treatment 13781 $2,030,00 The Christmas Light Pros Lighting For Mt. Umunhum Public Meeting 13782 $1,733.78 "1 First National Bank Event Supplies&Expenses-Decorations&Supplies For Volunteer Recognition Event/Gift Cards For Volunteer Recognition Event/Coffee&Bagels For Staff Recognition Breakfast/Canopy For District Events 13783 $1,649.90 `1 First National Bank Advertising/Subscriptions/Books-Survey Monkey Monthly Subscription/Advertisement in San Jose Mercury&Los Gatos Weekly For Mt. Umunhum Meeting 13784 $1,625.50 La Piana Consulting Consulting Services For Strategic Plan 13785 $1,255.00 *2 Inside Source Deposit-Office Furniture&Shelving For Assistant General Council Office 13786 $1,240.00 Hazard Management Services OSHA Inspection Consulting&Document Review 13787 $1,235.00 Normal Data Consulting Services-Contact& Insurance Tracking Databases 13788 $1,200.00 Pouncing Pachyderm Productions Design&Fabrication Services-Daniels Nature Center Pond Mural Work 13789 $1,200.00 West Valley College 4WD Training For Four Rangers 13790 $1,170.02 Redwood General Tire Company Tires For Mule 13791 $1,170.00 `3 County Of Santa Clara Use Permit Application Fee-SFO Remodel Project 13792 $1,104.80 Mountain View Garden Center Concrete For FFO Storage Shed/Concrete For Foundation- Rental Residence Shed 13793 $1,027.11 Metro Mobile Communications Radio Equipment-Chargers, Batteries&Microphone 13794 $1,014.25 Firestone Complete Auto Care Tires 13795 $1,000.00 Neopost Replenish Postage In Postage Machine 13796 $1,000.00 Amarach Management Prepare Conceptual Cost Estimate For Radar Tower Demolition- Mt. Umunhum 13797 $960.00 Econo Tree Service Tree Trimming For Fire Clearance At Rental Residence Page 1 of 3 + Claims No. 10-21 Meeting 10-29 Date 10/27/10 Midpeninsula Regional Open Space District # Amount Name Description 13798 $876.27 *1 First National Bank Vehicle Supplies-Tail Lights/30-Day Vehicle Rental Needed For Pond Project 13799 $833.00 "1 First National Bank Conferences&Training-California Invasive Plant Training Registration Fee/Training For Pesticide Application For License Renewal,Certificate&Annual Membership 13800 $775.93 West Payment Center Law Of Easements,California Codes&California Real Estate Books 13801 $767.87 Tires On The Go Tires 13802 $754,23 Dutra Materials Rock For Thornewood Trail Project 13803 $741.19 '1 First National Bank Computer Expenses/FFO Internet/Dish Network Service 1 Email Service Provider For E-mail Blasts/Two Monitors/Web Hosting For MROSD/Wireless Adapter 13804 $728.70 Reed&Graham Straw Wattles For Thornewood Trail Project 13805 $711,47 Northgate Environmental Management Soil Sampling At Sierra Azul 13806 $677.66 Moffett Supply Company Janitorial Supplies 13807 $670.38 Arbill Safety Products Field Supplies-Work Gloves 13808 $572.28 Stevens Creek Quarry Base Rock For Permit Parking Lot At RSA, Pulgas Ridge Trail Repairs&Thornewood Trail Project 13809 $550.00 Petrotek SFO Fuel Tank Source Test 13810 $548,55 Pine Cone Lumber Supplies For Boardwalk Project At Pulgas Ridge&Thornewood Project 13811 $530.75 Rich Voss Trucking Rock Delivery For Thornewood Trail Project&Baserock For FFO Stock 13812 $492.26 California Water Service Company Water Service-FFO 13813 $484.73 CMK Automotive Vehicle Maintenance&Repairs 13814 $459.68 Monster Mechanical HVAC Service-AO 13815 $433.39 United Rentals Northwest Equipment Rental-Smooth Drum Roller For Permit Parking Lot Trail At RSA 13816 $426.08 Summit Uniforms Uniform Expenses 13817 $395.00 LaMark Transportation Company Rock Delivery For Thornewood Trail Project 13818 $376.86 The Sign Shop Assorted Trail Signs&Miscellaneous Preserve Signage 13819 $365.99 Tooland Field Supply-Pipe Wrench 13820 $332.15 MCB Remodeling Plumbing Repairs-Rental Residence 13821 $326.47 Great Printing&Copies Printing Services-Spaces&Species Passports 13822 $291.45 R. E. Borrmann's Steel Company Rebar For FFO Stock 13823 $286.30 "1 First National Bank Business Related Meals- Board Meetings&Workshop/ Management Team Meeting/Operations Meeting 13824 $279.63 Sharp Toner For Copy Machine-AO 13825 $266.01 G&K Services Shop Towel Service-SFO&FFO 13826 $261.92 Cabela's Uniform Expenses 13827 $225.00 Del Rey Building Maintenance Cleaning Service-Nature Center 13828 $187,67 Green Waste Garbage Service-SFO 13829 $186.79 Cartridge World Printer Cartridges 13830 $169.06 `1 First National Bank Uniform Expenses 13831 $168.84 Gardenland Power Equipment Field Supplies&Chain Saw Parts 13832 $165.47 Mission Trail Waste Systems Garbage Service-AO 13833 $165.18 Ace Fire Equipment&Service Two Fire Extinguishers Company 13834 $165.00 Lund, Pearson, McLaughlin Fire Sprinkler System Quarterly Inspection Protection Systems 13835 $159.50 Manning, Meredith Reimbursement-Mileage 13836 $157.50 Abatement Analytics Asbestos Inspection-Slaght Property 13837 $135.18 Turf&Industrial Equipment Company Tractor Supplies&Service Page 2 of 3 ' Claims No. 10-21 Meeting 10-29 Date 10/27/10 Midpeninsula Regional Open Space District # Amount Name Description 13838 $130.09 Jackson-Hirsh Laminating Supplies 13839 $127,23 Fitzsimons, Renee Reimbursement-Docent Meeting Supplies 13840 $126.95 Wright, Elizabeth Reimbursement-Uniform Expenses 13841 $122.00 Coony,Gina Reimbursement-Mileage 13842 $120.93 United Site Services Sanitation Services-Thornewood Trail Work 13843 $119,83 "1 First National Bank Office Supplies/Headphones/Calendar/Stamps For Mt. Umunhum Mailing/First Aid Kit 13844 $118.00 Cupertino Medical Group Employee Medical Services 13845 $116.24 West Coast Aggregates Rock For Road Repairs At Sierra Azul 13846 $115.00 Orkin Pest Control Services-Annex 13847 $105.12 State Board Of Equalization Diesel Fuel Tax 13848 $103.28 Lab Safety Supply Field Supplies-Ear Protection 13849 $92.53 San Jose Water Company Water Service-Rental Residence 13850 $82.79 Langley Hill Quarry Drain Rock For Rental Residence Retaining Wall 13851 $75.00 Santa Clara County Emergency Annual Membership Managers Association 13852 $75.00 Palo Alto Medical Foundation Employee Medical Services 13853 $72.00 American Red Cross CPR/AED Training 13854 $61.50 Orlandi Trailer Hitch For Mule 13855 $59.30 Forestry Suppliers Field Supplies-Notebooks 13856 $58.15 Cascade Fire Equipment Company Two Fire Hose Adapters 13857 $54.61 Emergency Vehicle Solutions LED Light For Maintenance Truck 13858 $50.00 San Mateo County Clerk Recorder CEQA Filing Fee-Categorical Exemption For Protection Of Specimen Trees From Sudden Oak Death 13859 $50.00 Santa Clara County Clerk Recorder CEQA Filing Fee-Categorical Exemption For Protection Of Specimen Trees From Sudden Oak Death 13860 $50.00 San Mateo County Health Department Tick Testing 13861 $45.00 Jim Davis Automotive Smog Check 13862 $40.07 Mission Valley Ford A/C Filter For Maintenance Truck 13863 $39.32 Ergo Works Ergonomic Equipment 13864 $38.30 Recognition Specialties Name Badges 13865 $35.00 Santa Clara County Sheriffs Office Fingerprinting Services 13866 $32,43 Pape' Material Handling Air Filter For Bobcat 13867 $28.38 CSK Auto Oil 13868 $25.25 Rayne Of San Jose Water Service-Fremont Older 13869 $21.85 Foster Brothers Keys For Fuel Cap 13870 $17.48 UPS Shipping Services 13871 $6.54 Cupertino Bike Shop Patrol Bike Supply 13872 ($163.47) `1 First National Bank Finance Charges Reversed Total $126,094.32 "1 Urgent check issued 10/11/10 The total amount for First National Bank is$9,456.63 `2 Urgent check issued 10/21/10 "3 Urgent check issued 10/21/10 Page 3 of 3 Claims No. 10-21 Meeting 10-29 Date 10/27/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13763 $13,171.46 Patsons Media Group Printing Services-Brochures For Purisima Creek Redwoods, South Skyline, ECDM&RSA 13764 $12,219.75 Pavement Engineering Roadway Planning Assessment-Mt. Umunhum Road 13765 $5,707.00 Knapp&VerPlanck Preservation Beatty Property Historic Architecture Assessment Architects 13766 $5,312.90 Ascent Environmental CEQA/NEPA Strategy For Mt. Umumhum Remediation&Planning 13767 $5,301.55 Dell Business Credit Five Notebook Computers 13768 $4,681.71 David J. Powers&Associates Consultant Services To Complete CEQA Review For Cooley Landing Project 13769 $4,148.94 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 13770 $3,750.00 Jakaby Engineering Engineering Services-Design&Oversight Of Methuselah Bridge 13771 $3,729.25 Tannerhecht Architecture Architecture Services For SFO 13772 $3,598.41 Acterra Native Plants For Skyline Ridge Tree Farm 13773 $3,575.73 Hertz Equipment Rental Equipment Rental-Dozer&Excavator For Road Repairs At Bear Creek Redwoods 13774 $3,460.00 Hazard Management Services Hazardous Materials Surveys&Updates At Mt, Umunhum 13775 $3,210.77 *1 First National Bank Field Supplies/First Aid Supplies/Flail Mower Parts/Memory Card For Camera/Poison Ivy Cream/Rake Heads&Poles For Schilling Lake/Respirators&Cartridges/Decibel Meter/Trail Counter Boxes&Supplies/Handheld GPS 13776 $3,159.09 Design Concepts Graphic Design Services-Preserve Brochures, Business Cards& Mt. Umunhum Postcards 13777 $3,116.50 Knapp&VerPlanck Preservation Bear Creek Stables Historic Architecture Assessment Architects 13778 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 13779 $2,238.75 Concern Employee Assistance Program Quarterly Fee 13780 $2,170.00 Don Langrock Reimbursement-Slender False Brome Treatment 13781 $2,030.00 The Christmas Light Pros Lighting For Mt. Umunhum Public Meeting 13782 $1,733.78 *1 First National Bank Event Supplies&Expenses-Decorations&Supplies For Volunteer Recognition Event/Gift Cards For Volunteer Recognition Event/Coffee&Bagels For Staff Recognition Breakfast/Canopy For District Events 13783 $1,649.90 *1 First National Bank Advertising/Subscriptions/Books-Survey Monkey Monthly Subscription/Advertisement in San Jose Mercury&Los Gatos Weekly For Mt. Umunhum Meeting 13784 $1,625.50 La Piana Consulting Consulting Services For Strategic Plan 13785 $1,255.00 *2 Inside Source Deposit-Office Furniture&Shelving For Assistant General Council Office 13786 $1,240.00 Hazard Management Services OSHA Inspection Consulting&Document Review 13787 $1,235.00 Normal Data Consulting Services-Contact&Insurance Tracking Databases 13788 $1,200.00 Pouncing Pachyderm Productions Design&Fabrication Services-Daniels Nature Center Pond Mural Work 13789 $1,200.00 West Valley College 4WD Training For Four Rangers 13790 $1,170.02 Redwood General Tire Company Tires For Mule 13791 $1,170.00 *3 County Of Santa Clara Use Permit Application Fee-SFO Remodel Project 13792 $1,104.80 Mountain View Garden Center Concrete For FFO Storage Shed/Concrete For Foundation- Rental Residence Shed 13793 $1,027.11 Metro Mobile Communications Radio Equipment-Chargers, Batteries&Microphone 13794 $1,014.25 Firestone Complete Auto Care Tires 13795 $1,000.00 Neopost Replenish Postage In Postage Machine 13796 $1,000.00 Amarach Management Prepare Conceptual Cost Estimate For Radar Tower Demolition- Mt. Umunhum 13797 $960.00 Econo Tree Service Tree Trimming For Fire Clearance At Rental Residence Page 1 of 4 Claims No. 10-21 Meeting 10-29 Date 10/27/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13798 $876.27 *1 First National Bank Vehicle Supplies-Tail Lights 30-Day Vehicle Rental Needed For Pond Project 13799 $833.00 *1 First National Bank Conferences&Training-California Invasive Plant Training Registration Fee/Training For Pesticide Application For License Renewal,Certificate&Annual Membership 13800 $775.93 West Payment Center Law Of Easements,California Codes&California Real Estate Books 13801 $767.87 Tires On The Go Tires 13802 $754.23 Dutra Materials Rock For Thornewood Trail Project 13803 $741.19 *1 First National Bank Computer Expenses/FFO Internet/Dish Network Service Email Service Provider For E-mail Blasts/Two Monitors/Web Hosting For MROSD/Wireless Adapter 13804 $728.70 Reed&Graham Straw Wattles For Thornewood Trail Project 13805 $711.47 Northgate Environmental Management Soil Sampling At Sierra Azul 13806 $677.66 Moffett Supply Company Janitorial Supplies 13807 $670.38 Arbill Safety Products Field Supplies-Work Gloves 13808 $572.28 Stevens Creek Quarry Base Rock For Permit Parking Lot At RSA, Pulgas Ridge Trail Repairs&Thornewood Trail Project 13809 $550.00 Petrotek SFO Fuel Tank Source Test 13810 $548.55 Pine Cone Lumber Supplies For Boardwalk Project At Pulgas Ridge&Thornewood Project 13811 $530.75 Rich Voss Trucking Rock Delivery For Thornewood Trail Project&Baserock For FFO Stock 13812 $492.26 California Water Service Company Water Service-FFO 13813 $484.73 CMIK Automotive Vehicle Maintenance&Repairs 13814 $459.68 Monster Mechanical HVAC Service-AO 13815 $433.39 United Rentals Northwest Equipment Rental-Smooth Drum Roller For Permit Parking Lot Trail At RSA 13816 $426.08 Summit Uniforms Uniform Expenses 13817 $395,00 LaMark Transportation Company Rock Delivery For Thornewood Trail Project 13818 $376,86 The Sign Shop Assorted Trail Signs&Miscellaneous Preserve Signage 13819 $365.99 Tooland Field Supply-Pipe Wrench 13820 $332.15 MCB Remodeling Plumbing Repairs-Rental Residence 13821 $326A7 Great Printing&Copies Printing Services-Spaces&Species Passports 13822 $291.45 R. E. Borrmann's Steel Company Rebar For FFO Stock 13823 $286.30 *1 First National Bank Business Related Meals- Board Meetings&Workshop Management Team Meeting/Operations Meeting 13824 $279.63 Sharp Toner For Copy Machine-AO 13825 $266.01 G&K Services Shop Towel Service-SFO&FFO 13826 $261,92 Cabela's Uniform Expenses 13827 $225,00 Del Rey Building Maintenance Cleaning Service-Nature Center 13828 $187.67 Green Waste Garbage Service-SFO 13829 $186.79 Cartridge World Printer Cartridges 13830 $169-06 *1 First National Bank Uniform Expenses 13831 $168.84 Gardenland Power Equipment Field Supplies&Chain Saw Parts 13832 $165.47 Mission Trail Waste Systems Garbage Service-AO 13833 $165.18 Ace Fire Equipment&Service Two Fire Extinguishers Company 13834 $165.00 Lund, Pearson,McLaughlin Fire Sprinkler System Quarterly Inspection Protection Systems 13835 $159.50 Manning,Meredith Reimbursement-Mileage 13836 $157.50 Abatement Analytics Asbestos Inspection-Slaght Property 13837 $135.18 Turf&Industrial Equipment Company Tractor Supplies&Service Page 2 of 4 Claims No. 10-21 Meeting 10-29 Date 10/27/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13838 $130.09 Jackson-Hirsh Laminating Supplies 13839 $127.23 Fitzsimons, Renee Reimbursement-Docent Meeting Supplies 13840 $126.95 Wright, Elizabeth Reimbursement-Uniform Expenses 13841 $122.00 Coony, Gina Reimbursement-Mileage 13842 $120.93 United Site Services Sanitation Services-Thornewood Trail Work 13843 $119.83 *1 First National Bank Office Supplies/Headphones/Calendar/Stamps For Mt, Umunhum Mailing/First Aid Kit 13844 $118.00 Cupertino Medical Group Employee Medical Services 13845 $116.24 West Coast Aggregates Rock For Road Repairs At Sierra Azul 13846 $115.00 Orkin Pest Control Services-Annex 13847 $105.12 State Board Of Equalization Diesel Fuel Tax 13848 $103.28 Lab Safety Supply Field Supplies-Ear Protection 13849 $92.53 San Jose Water Company Water Service-Rental Residence 13850 $82.79 Langley Hill Quarry Drain Rock For Rental Residence Retaining Wall 13851 $75.00 Santa Clara County Emergency Annual Membership Managers Association 13852 $75.00 Palo Alto Medical Foundation Employee Medical Services 13853 $72.00 American Red Cross CPR/AED Training 13854 $61.50 Orlandi Trailer Hitch For Mule 13855 $59.30 Forestry Suppliers Field Supplies-Notebooks 13856 $58.15 Cascade Fire Equipment Company Two Fire Hose Adapters 13857 $54.61 Emergency Vehicle Solutions LED Light For Maintenance Truck 13858 $50.00 San Mateo County Clerk Recorder CEQA Filing Fee-Categorical Exemption For Protection Of Specimen Trees From Sudden Oak Death 13859 $50.00 Santa Clara County Clerk Recorder CEQA Filing Fee-Categorical Exemption For Protection Of Specimen Trees From Sudden Oak Death 13860 $50.00 San Mateo County Health Department Tick Testing 13861 $45.00 Jim Davis Automotive Smog Check 13862 $40.07 Mission Valley Ford A/C Filter For Maintenance Truck 13863 $39.32 Ergo Works Ergonomic Equipment 13864 $38.30 Recognition Specialties Name Badges 13865 $35.00 Santa Clara County Sheriffs Office Fingerprinting Services 13866 $32.43 Pape' Material Handling Air Filter For Bobcat 13867 $28.38 CSK Auto Oil 13868 $25.25 Rayne Of San Jose Water Service-Fremont Older 13869 $21.85 Foster Brothers Keys For Fuel Cap 13870 $17,48 UPS Shipping Services 13871 $6,54 Cupertino Bike Shop Patrol Bike Supply 13872 ($163.47) `1 First National Bank Finance Charges Reversed 13873 R $840,000.00 ## Old Republic Title Company Land Acquisition-Bergman Property 13874 R $19,190.00 Stallings Painting Company Exterior Painting-Rental Residences 13875 R $12,500.00 Heyday Books Publishing Services-Coffee Table Book 13876 R $12,380.00 Koff&Associates Classification&Compensation Study 13877 R $5,158.26 California Custom Sheds Shed For Ranger Residence 13878 R $3,722.56 Pape'Machinery Dozer Rental-Thornewood Trail Project 13879 R $2,843,50 North American Title Company Title&Escrow Fees-Slaght Property 13880 R $2,458.14 Stevens Creek Quarry Drain Rock For Tree Farm Road 13881 R $481.95 Design,Community&Environment Assistance Assembling Resource Management Policies 13882 R $450.00 Alvaro Jaramillo Biological Consulting-Fremont Older Staging Area 13883 R $421.45 Petrotek Gas Pump Repair 13884 R $401.49 Hertz Equipment Rental Equipment Rental-Boom Lift For FFO Shed Page 3 of 4 Claims No. 10-21 Meeting 10-29 Date 10/27/10 Revised Midpeninsula Regional Open Space District III # Amount Name Description 13885 R $275.91 Gempler's, Inc. Respirator's&Filters 13886 R $245.29 ADT Security Services Alarm Service-SFO 13887 R $200,00 Diane West-Bourke Docent Training 13888 R $186.88 The Workingman's Emporium Uniform Expenses 13889 R $147.76 Life Assist First Aid&Training Supplies 13890 R $83.85 Tony&Albas Pizza Business Related Meals-Crew Leader Training 13891 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 13892 R $63.77 Stevens Creek Quarry Base Rock-Foundation For Ranger Residence Shed 13893 R $55.52 HSBC Business Solutions 2 Hour Meters 13894 R $43.00 Allen's Press Clipping Bureau Clipping Service 13895 R $20.02 Royal Brass Inc. Air Compressor Repair 13896 R $4.91 CSK Proshop Vehicle Supply Total $1,027,506.58 *1 Urgent check issued 10/11/10 The total amount for First National Bank is$9,456.63 *2 Urgent check issued 10/21/10 *3 Urgent check issued 10/21/10 ## In the event agenda item is not approved,this claim will not be processed Page 4 of 4 Mi peni s la Regional Open Space District a To: Board of Directors From: Stephen E. Abbors Date: October 22, 2010 Re: Written Communications I I GENERAL MANAGER Stephen E.Abbors Regional 0penSpace I Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr Curt Riffle Nonette Hanko Larry Hassett Ceuly Harris October 27, 2010 Katherine Tynan tynankm cr,yahoo.com San Carlos, CA Dear Ms. Tynan: Thank you for your email from September 28, 2010 addressed to the Midpeninsula Regional Open Space District(District)Board of Directors. Your interest and comments regarding potential access to Pulgas Ridge Open Space Preserve via Los Vientos Way are greatly appreciated and we have noted your support for the potential project. As discussed at the District's September 28, 2010 Use and Management Committee meeting, the City of San Carlos has requested District assistance to create a trail connection from Crestview Drive to Pulgas Ridge Open Space Preserve in the form of constructing a northern trailhead entrance at the end of Los Vientos Way. This connection is a top priority in the City's Trails Connections Plan, which was approved in 2007. Working in partnership with the City,the potential project would consist of creating a new Preserve trailhead at the end of Los Vientos Way,addressing parking, traffic and safety concerns raised by neighbors living off Los Vientos Way, and constructing a connector trail from the new Preserve entrance to the existing Dusky-footed Woodrat Trail. After having the opportunity to hear and consider public input,the District's Use and Management Committee voted to continue the investigative process. Working together with the City, staff will contact the San Carlos Fire Department to discuss the potential project and any fire concerns,research home values near trail entrances and open space, and re-contact the San Francisco Public Utilities Commission (SFPUC)to discuss the feasibility of using adjacent SFPUC lands to establish a connection between Crestview Drive and Pulgas Ridge Open Space Preserve. The results of these investigations will be presented to the Use and Managment Committee at a future meeting. As with the September 28 meeting, all future meetings will be publicly noticed and all interested parties will be notified. You have been added to the Pulgas Ridge interested parties list and will be notified of this meeting. Again,thank you for taking the time to contact the District about potential access to Pulgas Ridge. We look forward to your input as we continue to consider this potential project. Sincerely, Larry Hassett,Board President and Use and Management Committee Chair Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 1 6so 691.12oo I -6SO 691048S I www openspace-org From: CCHartnett@o a I.com III Sent: Wednesday, September 29, 2010 11:50 AM To: info(ftenspace.org Subject: Letter to the MROSD September 29, 2010 Board of Directors & Staff, Midpeninsula Regional Open Space District Members of the City Council & Staff, City of San Carlos I Dear Elected Officials and Staff, First and foremost I am writing to thank you for holding the meeting last evening on-site at the Los Vientos terminus in San Carlos. I had been looking forward to attending the meeting and hearing the potential joint plans for a trail head. I anticipated that there would be some concerns expressed and was interested in contributing to ideas to mitigate these. However, I feel obliged now to apologize for some of our City's residents whose bad behavior and rudeness at the meeting was unacceptable. Their sense of entitlement, their desire for exclusive domain over a public street, and their disrespect and lack of appreciation for the staff and elected officials in attendance were extremely disappointing. The Open Space District has been a good neighbor to the residents of San Carlos. Unfortunately some people either have very short memories or are ignorant of the contribution the Open Space District has made to the quality of life here and to the value of the private property adjacent to the open space. For every one of them, there are those of us who remember the alternative proposals for this beautiful property and will be eternally grateful to the city council, to POST, and to the MROSD for making what we now enjoy available to us. i I have been involved in both law enforcement and open space matters for almost four decades. Fire hazards exist whether or not there is a trail head at that particular location. The neighbors adjacent to the proposed trail head have stated that there are already pre- existing issues with undesirable people and litter in the area. These types of occasional detractors are inevitable, can never be totally prevented, at this location or indeed, anywhere, and must be dealt with as they occur. I say this should not give us cause to punish or deprive the considerate and law-abiding people who want to enjoy their surroundings. Most people have cell phones these days ... let's post a sign asking the good people using the area to report any problems they observe, get a commitment from the Sheriff's Office to respond in a timely fashion, and move ahead. Once again, thank you for your time and commitment to making this a better place for animals, people and plants to live. I want to assure you of my continued support in your efforts. �I Sincerely, Celia Hartnett 3443 Brittan Avenue San Carlos, CA 94070 I i I i I �I i GENERAL MANAGER Stephen E.Abhors Regional 0penSpace I Midpeninsula Regional Open Space District ( BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr Curt Riffle Nonette Hanko Larry Hassett Cecily Harris October 27, 2010 Celia Hartnett 3443 Brittan Avenue San Carlos,CA 94070 Dear Ms. Hartnett: Thank you for your email from September 29,2010 addressed to the Midpeninsula Regional Open Space District(District)Board of Directors. Your interest and comments regarding potential access to Pulgas Ridge Open Space Preserve via Los Vientos Way are greatly appreciated and we have noted your support for the potential project. As discussed at the District's September 28 2010 Use and Management Committee meeting, the City of � g g y San Carlos has requested District assistance to create a trail connection from Crestview Drive to as Pul q g Ridge Open Space Preserve in the form of constructing a northern trailhead entrance at the end of Los Vientos Way. This connection is a top priority in the City's Trails Connections Plan,which was approved in 2007. Working in partnership with the City,the potential project would consist of creating a new Preserve trailhead at the end of Los Vientos Way, addressing parking,traffic and safety concerns raised by neighbors living off Los Vientos Way, and constructing a connector trail from the new Preserve entrance to the existing Dusky-footed Woodrat Trail. After having the opportunity to hear and consider public input,the District's Use and Management Committee voted to continue the investigative process. Working together with the City, staff will contact the San Carlos Fire Department to discuss the potential project and any fire concerns,research home values near trail entrances and open space, and re-contact the San Francisco Public Utilities Commission (SFPUC)to discuss the feasibility of using adjacent SFPUC lands to establish a connection between Crestview Drive and Pulgas Ridge Open Space Preserve. The results of these investigations will be presented to the Use and Management Committee at a future meeting. As with the September 28 meeting,all future meetings will be publicly noticed and all interested parties will be notified. You have been added to the Pulgas Ridge interested parties list and will be notified of this meeting. Again,thank you for taking the time to contact the District about potential access to Pulgas Ridge. We look forward to your input as we continue to consider this potential project. Sincerely, Larry Hassett,Board President and Use and Management Committee Chair Midpeninsula Regional Open Space District 330 Distei circle Los Altos,CA 94022 � a 65o 691 1200 650.691.0485 1 www openspace org -----Original Message----- From: tynankm@yahoo.com [mailto:tynankm@yahoo-com] Sent: Tuesday, September 28, 2010 9:34 PM To: BOARD; Clerk; Vicky Gou; General Information Subject: 09/28/2010 - tynankm@yahoo.com - Contact Board First Name: Katherine Last Name: Tynan Email Address: tynankm@yahoo.com Ward / Location: San Carlos Comments: Re access to Pulgas Ridge via Los Vientos, I attended the meeting at Los Vientos and Pulgas Ridge today and live in San Carlos just down the hill at 825 Somerset Ct. I encouraged everyone to signin at the meeting in the hope of impressing on you the number of people from outside Los Vientos & Bell Ct that are as passionate as I am about hiking trails and public access to open space. I and many of my friends left this afternoon without speaking because of the rudeness of the neighbors. Frankly I was appalled at the lack of civil discourse from my fellow San Carlos citizens. This is a great opportunity to drive have neighborhood access to this gem of a park without having to to Edmonds road. I just hope that the unsubstantiated scare mongering of a few will not spoil neighborhood access for the community of San Carlos at large to this marvelous park. Thanks for taking the time to meet with us today. Regards Katherine It sk Midpeninsula Regional Open Space District R-10-121 Meeting 10-29 October 27, 2010 AGENDA ITEM 4 AGENDA ITEM Calling of Special Board Meetings for November 15, 2010, and December 9, 2010 GENERAL MANAGER'S RECOMMENDATION The General Manager recommends calling two Special Board Meetings as follows: 1) a Special Meeting on November 15, 2010, to receive public input regarding the significant public benefit of a proposed bond financing to fund the purchase of open space lands in San Mateo County; 2) and a Special Meeting on December 9, 2010, to receive public input regarding the Mount Umunhum Site Restoration and Public Access Project and tentative Board approval of a recommendation for a preferred project alternative to enable the environmental review process to move forward in a timely manner. DISCUSSION Bond Financing Government Code Section 6586.5 provides that when a public agency desires to issue bonds to finance a public improvement or project, the agency shall hold an advertised and noticed public hearing in the county in which the public project may occur. Since the District's boundaries are in Santa Clara County and San Mateo County, and since the financing is for the purpose of purchasing open space lands in both counties, the Board of Directors will need to hold a meeting in both counties prior to a determination to undertake financing for such projects by issuance of District bonds. The required meeting in Santa Clara Count will be held on November 17 2010 q g Y which is the date of the regularly scheduled Board meeting. The General Manager recommends that the required meeting for San Mateo County be held on November 15, 2010. The Special Meetingwill be held at the Town of Portola Valle Community Hall 765 Portola Road Portola Y Y � , Valley, CA 94028 and has been scheduled for 7:00 p.m. Mount Umunhum Site Restoration and Public Access Project On September 30, 2010, the Board held an informational public workshop to gather input from the public (See Report R-10-97) on the site planning project for Mount Umunhum. Staff is currently compiling public input from that meeting and is crafting a preferred alternative with the Sierra Azul/Bear Creek Redwoods Ad Hoc Committee. Because the Mount Umunhum project is R-10-121 Page 2 a significant project for the District and due to the number of interested parties desiring to participate in the public comment process, the General Manager recommends that a second public Board of Directors meeting be held to receive additional public input, to receive the Committee's recommendation for a preferred alternative, and to receive tentative Board approval of a preferred alternative to serve as the project description to enable the environmental review and its associated public input process to continue to move forward. This second workshop is scheduled for December 9, 2010, at the Historic Del Monte Building, 100 S. Murphy Street, Sunnyvale. FISCAL IMPACT There are no unbudgeted fiscal impacts from calling a Special Meeting of the Board of the Directors. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This is not a project under the California Environmental Quality Act and no environmental j review is required. NEXTSTEP The next step is to notice the Special Meetings in compliance with the Brown Act. Prepared by: Michelle Radcliffe, District Clerk Contact person: Same as above i ' IMidpeninsula Regional Open Space District R-10-113 Meeting 10-29 October 27, 2010 AGENDA ITEM 5 AGENDA ITEM Authorization for Use of New Comparator Benchmark Agencies Recommended by Koff& Associates to Complete the Classification and Compensation Study j GENERAL MANAGER'S RECOMMENDATION 91, Authorize use of new comparator benchmark agencies recommended by Koff& Associates to complete the classification and compensation study. SUMMARY The current Memorandum of Agreement with the District Field Employees Association requires the District to complete a comprehensive classification and compensation survey to determine market placement of the bargaining unit classifications prior to March 31, 2011. At its meeting of June 9, 2010, the Board approved a professional services contract with Koff&Associates for a District-wide classification and compensation study. Then, at its meeting of August 11, 2010, the Board approved an amendment to the professional services contract to include a benefits study for a comprehensive classification and compensation study(see Board Report 10-90). Koff and Associates is recommending thirteen(13) agencies, including cities, and special districts, both dependent and independent, for Board consideration. DISCUSSION Koff&Associates held employee orientation meetings to explain the process for completion of the individual Position Description Questionnaires (PDQs), and Managers have reviewed the PDQ forms for accuracy. Individual employee and group interviews were held to further clarify job duties, knowledge, skills and abilities required to perform within their job classification. A position allocation list was created with recommended job classification title changes and two re- classifications. Draft job classifications will be completed by October 1, 2010. Koff& Associates researched comparator agencies and is recommending thirteen(13) agencies to use to benchmark salary ranges and benefits. The Mountains Recreation and Conservation Authority comparator was recommended by the District Field Employees Association; and after consultation with Koff& Associates, was found to be a close fit for the District and was therefore included. Katie Kaneko, President of Koff& Associates, will provide an overview of these recommended comparator agencies for the Board. R-10-113 Page 2 FISCAL IMPACT There is no fiscal impact to the contract as the cost for selection of new comparator benchmark agencies is included in the original professional services contract. The compensation and benefits benchmark study must be completed before the fiscal impacts of any proposed market adjustments can be determined. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. p q p J NEXT STEP If approved, the next steps will be to benchmark the newly written job classifications to the thirteen(13) comparator agencies for salary range and benefits information to complete the comprehensive classification and compensation study. Attachment List of thirteen (13) comparable agencies for benchmarking salary ranges and benefits Prepared by: Annetta Spiegel, Acting Administration and Human Resources Manager Contact person: Same as above I Midpeninsula Regional Open Space District Recommended Proposed Comparator Agencies September 2010 Midpeninsula Regional Open Space District 28,863 $1,634,000 362.82% $146,658 115 Preserved 58,000 acres,creating 26 open space reserves; -.................I.................................. ................... ................ ............. .............. .............................................................11....................... ............. ................ .......... ..................................................... .......... City of Boulder,CO' 1,292 303,482 $372,390 40.21% $49,178 115 $26,384,041 Open Space/Mountain Parks Department only ........................... ..................- ..................... ................. ............................... ................I................ ..................... .............................................................................- 11 --.....................- 1.11..........................................................................--............. City Attorney;Community Development(planning,building,economi development,neighborhood preservation);Community Services City of Mountain View 3 75,787 $657,900 101.85% $83,345 609 $201.836,030 (recreation programs,golf course,performing arts center,parks& open space);Fire;Library;Police;Public Works(transportation, engineering,water distribution,wastewater systems,streets,vehiciesi &equipment,closed landfill) ............. ............. ...........................................................................----....................... ............. ..................- ....................... ........................ ........... ...................-......................I I...........---------------.................-....................--............................. City Attorney;Community Services(arts&sciences,community center&human services,open space&parks,recreation&golf); City of Palo Alto 5 65,408 $911,670 134.42% $104,616 1,007 $545,368,000 Fire;Library;Planning&Community Environment(building,planning, transportation,code enforcement);Police;Public Works(streets, facilities,fleet,wastewater treatment);Utilities(water,gas, wastewater,electric) ....................... ............................- .................. ................. .............................................---..................................................... ......................-.......................I........................-- I.......................................-...................... ..........................1-....................- ........... Arts,Recreation,&Community Services;City Attorney;Community City of Walnut Creek 53 66,584 $565,050 74.81% $71,051 332 $63,626,115 Development(planning/zoning,building);Police,Public Services (parks,open space,engineering,maintenance,and traffic ...........................-............................................................--...................-................................................................................I-........................ ..................... -..................-..........................engineering) -1........................................................................................-............................................... County of Boulder,CO 2 1,292 303,482 $372,390 40.21% $49,178 108 $282,112,798 Parks and Open Space Department ..................-..................................................... .......................-...............................................-.-I........................-............................---.........................---.................. ............. -..............--......................--.........................................-1............................................................ County of Marin 3 56 260,651 $658,320 82.94% $69,319 63 $1,991,513 Parks&Open Space(includes Mann Open Space District) .....................-...........--..............--................................. ............ ..........................................---............................................ .............-1............. ........... .............................. -1.1...............................................................-.............................-,......................... County of San Mateo 4 13 754,285 $743,190 103.36% $75,123 52 $2,685,718 Parks Department:17 parks;15,680 acres I............................................................................................................- .................... ....................- .....................-.............. .......I ..................- -.. .........1.1--1.........................-...................................... ..........-.............................. ................................................. County of Santa Clara 5 18 1,880,876 $976,480 192.50% $111.718 206 $45,040,996 Department of Parks&Recreation:28 parks;45,000 acres .........................................--........................ ............ ...................------------------1 11 1........................ ............................ ..................... ................... ................................................'---............... .......................................................................................-................ East Bay Regional Park District 40 2,647,912 $341.430 40.73% $47,445 622 $197, Alameda and Contra Costa Counties:100,000 acres with 65 parks ......................-...................... .................... ................................................................................. 100'000 and 1,100 trails ................................ ....................".....................---................"....................----................. Joint Powers Authority(3 agencies:Santa Monica Mountains Conservancy,Conejo Recreation&Park District,and Rancho Simi Recreation&Park District);dedicated to the preservation and Mountains Recreation and Conservation Authority management of local open space and parkland,watershed lands, 6 354 4,094,764 $400,360 44.40% $46,393 140 $29,208,087 trials,and wildlife habitat;manages and provides ranger services for 60,000 acres of public land and parks;provides natural resources and scientific expertise,regional planning services,park construction services,park operations,fire prevention,ranger services, revitalization,and educational and leadership programs. ............................1-...........................................................-............. ..........-................................ ....................... ....................... ................... ......................................---- -.......................................................................I............................- Part of the County;funding comes from property tax allocations, Riverside County Regional Park&Open Space District 413 2,139,535 $249,690 17.82% $46,311 108 $42,971,666 general fund,user fees and charges,leases,concessions.and ........................ ..................................................- ......... ... .................- --....................---................-................................................................................................................ sp ialevent ............. . .............--.........................-.............- .......................I.-.......****............ Part of the County;protects 77,000 acres of land through easements Sonoma County Agricultural Preservation and 82 493,285 $558,960 61.43% $59,565 26 $16,320,720 &outright purchases;County-wide dependent special district funded Open Space District by voter-approved quarter cent tax- Park Rangers are in Regional ................1--.................................. ....................... ....".-..........................................-- ................... ................................. Parks Department. ..................................... ...................................... ...................................................... IState of California N/A WA N/A N/A NIA N/A WA For Park Rangers only. 2010-11 total budgeted revenue(otherwise noted). 1-City of Boulder represents Open Space/Mountain Parks Department FTE and budget only. 2-County of Boulder FTE represents Parks&Open Space department only and budget represents total County General Fund Revenues only. 3-County of Mann represents Parks&Open Space Department FTE and budget only. 4-County of San Mateo represents Park Department FTE and budget only. 5-County of Santa Clara represents Department of Parks&Recreation FTE and budget only. 6-Mountains Recreation and Conservation Authority also has 28 on-call staff;staff are employed by the Authority(JPA)not the districts,includes Rangers,maintenance and construction,and office support staff. Page 1 of 1 Recommended .......................... Midpeninsula Regional Open Space District R-10-113 Meeting 10-29 October 27, 2010 AGENDA ITEM 5 AGENDA ITEM Authorization for Use of New Comparator Benchmark Agencies Recommended by Koff& Associates to Complete the Classification and Compensation Study GENERAL MANAGER'S RECOMMENDATION Authorize use of new comparator benchmark agencies recommended by Koff& Associates to complete the classification and compensation study. SUMMARY The current Memorandum of Agreement with the District Field Employees Association requires the District to complete a comprehensive classification and compensation survey to determine market placement of the bargaining unit classifications prior to March 31, 2011. At its meeting of June 9, 2010, the Board approved a professional services contract with Koff& Associates for a District-wide classification and compensation study. Then, at its meeting of August 11, 2010, the Board approved an amendment to the professional services contract to include a benefits study for a comprehensive classification and compensation study(see Board Report 10-90). Koff and Associates is recommending thirteen (13) agencies, including cities, and special districts, both dependent and independent, for Board consideration. DISCUSSION Koff& Associates held employee orientation meetings to explain the process for completion of the individual Position Description Questionnaires (PDQs), and Managers have reviewed the PDQ forms for accuracy. Individual employee and group interviews were held to further clarify job duties, knowledge, skills and abilities required to perform within their job classification. A position allocation list was created with recommended job classification title changes and two re- classifications. Draft job classifications wi W he were completed by-October 1, 2010 and distributed to inana�,,ers for review. After manager review, each employee will receive a copy of their newly written job classification with a cover letter for signature siun-off. Koff& Associates researched comparator agencies and is recommending thirteen (13) agencies to use to benchmark salary ranges and benefits. The Mountains Recreation and Conservation Authority comparator was recommended by the District Field Employees Association; and after consultation with Koff& Associates, was found to be a close fit for the District and was R-10-113 Page 2 therefore included. Katie Kaneko, President of Koff& Associates, will provide an overview of these recommended comparator agencies for the Board. FISCAL IMPACT There is no fiscal impact to the contract as the cost for selection of new comparator benchmark agencies is included in the original professional services contract. The compensation and benefits benchmark study must be completed before the fiscal impacts of any proposed market adjustments can be determined. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEP If approved, the next steps will be to benchmark the newly written job classifications to the thirteen (13) comparator agencies for salary range and benefits information to complete the comprehensive classification and compensation study. Attachment List of thirteen (13) comparable agencies for benchmarking salary ranges and benefits Prepared by: Annetta Spiegel, Acting Administration and Human Resources Manager Contact person: Same as above Midpeninsula Regional Open Space District Recommended Proposed Comparator Agencies September 2010 A above Miles below U.S Median Agency from Population Median Home Cost of diving Household FTE Total Budger Services Prol rido& Client (2010) Price(2009) Average Income(2007) (20071 Midpeninsula Regional Open Space District NIA approx. $1,634,000 362.82% $146,658 115 $42,315,173 Preserved 68,000 acres,creating 26 open space reserves; 770,000 ----_.............cover5.550.square,miies...._......._........._....._...............__..................................... ... City of Boulder,CO' 1,292 303,482 $372,390 40.21% $49,178 115 $26,384,041 Open Space/Mountain Parks Department only ....._._........_.................... ..................._....,-_..........,..._..._.,....._.........._.-..-.................... ........__._.._......_................................._.-......_.............................._..................__......................................................................._......._...__.__........_.._..._......_..._.._......_..............__.----_____..... City Attorney;Community Development(planning,building,economic development,neighborhood preservation);Community Services City of Mountain View 3 75,787 $657,900 101,85% $83,345 609 $201,836,030 (recreation programs,golf course,performing arts center,parks& open space),Fire,Library,Police,Public Works(transportation, engineering,water distribution,wastewater systems,streets,vehicles &equipment,closed landfill) ..__..-...........-...................__...................._.._..............__......_........._._....__....._._._...................._-...._..__...._......._...__..._....__....._...___.._.............................................------......---.....-._........._................---•------------_-`-.....-..........._..----..._......---...------.....------..................-....._....._.............----------- City Attorney;Community Services(arts&sciences,community center&human services,open space&parks,recreation&golf); City of Palo Alto 5 65,408 $911,670 134.42% $104,616 1,G07 $545,368,000 Fire,Library,Planning&Community Environment(building,planning, transportation,code enforcement),Police;Public Works(streets, facilities,fleet,wastewater treatment);Utilities(water,gas, wastewater,electric) ....._......................_.................._........._._._..__.........................----_--------.........._.....................................__..............................-----------------------_..................................................................................................._................_......._........._...................__....................................-................................................ Arts,Recreation,&Community Services;City Attorney;Community City of Walnut Creek 53 66,584 $585 050 74.61% $71,051 332 $63,626,115 Development(planning/zoning,building);Police,Public Services (parks,open space,engineering,maintenance,and traffic engineering) ..........._.._..........._...........----..................:..............._.....-------_.._-----........................................._......................................................_................................................................_..__.........._........................_....___-........__..._..._..........._.._........._...._.........._....._............._......._.._._._..._.........._........ County of Boulder,CO z 1,292 303,482 $372,390 40.21% $49,178 108 $282,112,798 Parks and Open Space Department ........................ .............................._.._..._.__........_.........................._.._.._.............._...__.._._.._....._...._....._._.................._._......._...................................................................._......_.............................-------------------................................................................................__......_.............................. County of Marin 3 56 260,651 $658,320 82.94% $69,319 63 $1,991,513 Parks&Open Space(includes Marin Open Space District) .........................._............-......................__...............----------------'----..................._............................._........__._.........................._..........................................I.............................................--..........................................................................--............................................._.._........_........_........... ....... County of San Mateo` 13 754,285 $743.190 103.36% $75,123 52 $2,685,718 Parks Department-17 parks,15,680 acres County of Santa Clara' 18 1,880,876 $976,480 192.50% $111,718 206 $45,040,9% Department of Parks&Recreation 28 parks;45,000 acres ..........-............. ........._.................................. ................... - ...............................---___..-........... ........... ..__........._.........__..... East Bay Regional Park District 40 2,647,912 $341,430 40.73% $47,445 622 $197,100,000 Alameda and Contra Costa Counties:ttb 000 acres with 65 parks and 1,100 miles of trails Joint Powers Authority(3 agencies:Santa Monica Mountains Conservancy,Conejo Recreation&Park District,and Rancho Simi Recreation&Park District),dedicated to the preservation and Mountains Recreation and Conservation Authority management of local open space and parkland,watershed lands, 6 354 4,094,764 $400,360 44A0% $46,393 140 $29,208,087 trials,and wildlife habitat,manages and provides ranger services for 60,000 acres of public land and parks,provides natural resources and scientific expertise,regional planning services,park construction services,park operations,fire prevention,ranger services, revitalization,and educational and leadership programs. ......... ----------------------------__.................................................._..._................-..................._............._....... Riverside County Regional Park&Open Space Part of the County:funding comes from property tax allocations, District 413 2,139,535 $249,690 1T82% $46,311 108 $42,971,666 general fund,user fees and charges,leases,concessions,and special events. ..................._.......... ........_......_._.........._....._...._:...:..::................::.....:_.......__... ............ _.__...............-.........-...._......._... .... _...._.......... ._...... .............:........._.....:........ .........................._...._.................._........................................................................................_.._................._.............._...._................... Part of the County,protects 77,000 acres of land through easements Sonoma County Agricultural Preservation and 82 493,285 $558,960 61.43% $59,565 26 $16,320,720 &outright purchases,County-wide dependent special district funded Open Space District by voter-approved quarter cent tax. Park Rangers are in Regional Parks Department. State of California NIA N/A N/A N/A N/A N/A N/A For Park Rangers only. 2010-11 total budgeted revenue(otherwise noted). 1-City of Boulder represents Open SpacelMountain Parks Department FTE and budget only. 2-County of Boulder FTE represents Parks&Open Space department only and budget represents total County General Fund Revenues only. 3-County of Mann represents Parks&Open Space Department FTE and budget only. 4-County of San Mateo represents Park Department FTE and budget only. 5-County of Santa Clara represents Department of Parks&Recreation FTE and budget only. 6-Mountains Recreation and Conservation Authorty also has 28 on-call staff,staff are employed by the Authority(JPA)not the districts.,includes Rangers,maintenance and construction,and office support staff. Page 1 of 1 Recommended Midpeninsula Regional Open Space District Proposed Comparator Agencies September 2010 OTHER AGENCIES FOR CONSIDERATION: %above t Miles below Us Median Population Median Home Agency from (2010) Price(2009) Cost of Living Household FT8 Total Budget" SecvWe.Provided Client Average - Income(2007) ', , s„ 2007 Code Enforcement;Community Development(planning,building, City of Cupertino 10 56,431 $880,700 156.21% $113.690 i63 $64,131,000 housing,economic development&redevelopment),Parks& Recreation,Public Works(street maintenance,engineering, environmental programs) ._..__. . .. ..._... _......... .. .___.- ......_.. ... ......_..._.,._._,.. _, ..._.....___ ......_._.._.......__.__........ ..___..__..._._....._._...._...-.......___........_....._.._...____._......._........_...__..___.___.___..._....___.._..,__......._..___............... City Attorney,Community Development(building,planning, City of Los Altos 0 28,863 $1,634,000 362.82% $146,658 130 $38,402,414 engineering),Maintenance Services(streets,parks,facilities, automotive,sewers);Police;Recreation _..............-...._......._........................................_....._............................. _. Building,Infrastructure,&Transportation;City Attorney,Community Development Services;Fire;Library;Parks,Recreation,& City of Redwood City 13 78,568 $743,190 103.36% $75,123 521 $182,177,158 Community Services;Planning,Housing,&Economic Development; Police,Port,Public Works(water utility,wastewater,streets,fleet management) -- ..._................:_._.-..-_...__.-...- .............._......................................................_...__.._-.......... Airport,Animal Care&Services;City Attorney;Building;Code Enforcement,Development;Economic Development;Environmental City of San Jose 16 1,023,083 $544,640 61.51% $82,000 5,656 $2,943,823,632 Services(water,garbage&recycling,green building,wastewater); Fire,Housing,Parks,Recreation,&Neighborhood Services (community centers,camps,zoo,parks,trails):Planning;Police, Public Works,Redevelopment,Transportation ......__..............._............................................................._,......_........................................................._.............._..............__.......__._..........__..........................---......................... ...._........... ....................................................._......................................................................._........... . ....._.. City Attorney,Community Development(building,code enforcement, economic development&business assistance,green building, City of San Mateo 20 97,535 $678,110 88.53% $71,788 646 $168,770,102 neighborhood improvement&housing,planning);Fire;Library;Parks &Recreation(parks,facilities,golf course,recreation programs), Police,Public Works(streets,sewers,open creeks&drainage canals,wastewater treatment plant) City Attorney,Electric Utility;Fire;Library,Parks&Recreation City of Santa Clara 13 118,830 $567,670 64,11% $81,718 1,011 $624,205,650 (recreation center and programs,facilities,golf,tennis,parks, theatre);Planning&Inspection;Police;Public Works(engineering, building maintenance);Street;Water&Sewer Utilities .....__.....__....__.................................................._................_.........................._........................................._._....__.__..........................._............-..........___............_.........__......._...... .......................... ....-........._.................__..........._...................._.._..............._..._..............._...._.._........._..._..__..__... City Attorney,Community Development(planning,building,housing, redevelopment),Community Services(recreation programs,golf, City of Sunnyvale 6 140,450 $583,590 72.67% $85,377 896 $281,578,465 parks,theatre),Library,Public Safety(police and fire),Public Works (transportation,street,engineering,water distribution,sewer,solid waste) .....................................................................................................,._............._..........__..........................._........---.....................................-....._...-.-....................._............................_.................._.......................................................................................................................................................................... Department of Regional Parks:15,000 acres of land including golf County of Sacramento 7 121 1,445,327 $192,950 6.10% $48,306 51 $5,287,356 courses,nature center,leisure services,recreation services,and parkway _.._....._._..........................................................................................__...._................ _... Water and wastewater services. Ranger/Naturalist classification performs general maintenance and other duties related to operation, development,and conservation of the District's watershed,fisheries and wildlife,and outdoor recreation properties,does not require East Bay Municipal Utility District 38 430,666 $292,050 29,00% $49,404 2,055 $643,582,000 PC832. Security Shift Supervisor observes,patrols,and reports on security preparedness at District facilities during inspections and unscheduled site visits and recommend improvements,oversees contract security monitoring on an assigned shift,PC832 not required ......__..._. .. ,._._._.. .................. ....... ......_....... ................................. - __...._.... ........._.. . .............._ Los Angeles County Regional Park&Open Space 354 10 441,080 $466,040 55.66% $40,844 20 $2 16-3,000 Part of the County 2.25 million parcels of real property m the County District funded through voter approved benefit assessment. Page 1 of 2 Other Agencies Midpeninsula Regional Open Space District Proposed Comparator Agencies September 2010 %above t Miles Population Median below U.S Median Hone Agency from Cost of Living Household FTE Total 8udgeY Services Provided Client (2010) Price(2009) Average income(2007) 2007" Y , Water services. Park Ranger classifications participate in patrol.. protection,environmental-historical-cultural interpretation, maintenance,and visitor assistance,enforcement,and compliance activities of watershed areas,enforces District regulations and State Marin Municipal Water District 52 9,737 $755,770 116.20% $98,799 265 $73,655,976 and Federal laws,requires PC832 certificate from NPS Ranger Academy or POST Basic Training Academy,completion of defensive tactics training(baton and pepper spray),completion of Marin County Fire Academy or National Wildlife Coordinating Group course S 130/190..Basic Wildiand Firefighter/Fire Behavior and possession of Emergency Medical Technician certificate issued by Marin County. ....._..............._.......................__...__.........................................................._................._._.._....__..............._....._........_..._-.-'-.......................... ...__......_._..............._._......I.............._........._..._..---.................._........._........................................................._..................... ... Napa County Regional Park and Open Space Part of Conservation,Development,and Planning Division, District 138,917 $477,630 51.40% $59,045 28 $2,279,079 jurisdiction includes all of Napa County,funding and staffing comes from the County of Napa. .__......._......................................_....._.....____........._..._......._.._...._.........._......_.......__...__........._......__..._....._..._._...._........___......_......_.............._.._.............._.._..........._.............___..._..........._....._..........._...........___....._.._._..___..._.._...__................__.....__...___._....._...._................................ Cities of Campbell,Milpitas,Morgan Hill,Santa Clara,and San Jose, Santa Clara Open Space Authority° 16 1,023,083 $544,640 6L51% $82,000 13 $4,348,000 and unincorporated Santa Clara County;protect sensitive lands, reserve natural communities,and mana o en s ace _..........................P.... ._...............__.......__........._...__.............._..........._98_..P.....__...P......._......._.........__........ Water services. Vegetation Program Specialist classifications perform a variety of technical duties and administrative responsibilities in support of vegetation management programs, Santa Clara Valley Water District 16 1,023,083 $544,640 61.51% $82,000 771 $315,000,000 including vegetation control work and/or revegetation projects, collection and analysis of field data,review construction and engineering plans. There are general maintenance worker classifications responsible for maintenance of watershed areas and facilities. There are no classifications similar to Rangers. ........._.._.............. ........_..............__...._.........__......__...... Code Compliance;Community Development(building,planning), Town of Los Gatos 18 30 8'02 $976,480 192.50% $111,711 148 $64,741,290 Community Services,Library,Parks&Public Works(streets,parks, streets,engineering);Police,Town Attorney 2010-11 total budgeted revenue(otherwise noted). 6-2009.10 budget data. 7-County of Sacramento represents Department of Regional Parks FTE and budget only 8-2008-09 budget data. Page 2 of 2 Other Agencies a ' IMidpeninsula Regional Open Space District � A R-10-115 Meeting 10-29 October 27, 2010 AGENDA ITEM 6 AGENDA ITEM Approve the purchase of the Bergman Trust property as an addition to the Russian Ridge Open Space Preserve, located at 20000 Skyline Boulevard, Woodside, California(San Mateo County Assessor's Parcel Number 080-330-080); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Bergman Trust (Bergman) i property. 3. Adopt the attached Resolution authorizing issuance of the Promissory Note for the Bergman property acquisition. 4. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Russian Ridge Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to purchase the 14.25- acre Bergman property at a price of$1,700,000 plus an additional $170,000 in interest payments on a five (5) year promissory note, for a total purchase cost of$1,870,000. The following report presents a description of the Bergman property, Coastside Protection Plan process, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions, and financial considerations. DISCUSSION The 14.25-acre Bergman property is located four(4) miles east of the Town of La Honda in unincorporated San Mateo County, high on the west-facing slopes of Russian Ridge. The property is a remnant inhoiding located within Russian Ridge Open Space Preserve R-10-115 Page 2 approximately %2 mile west of Skyline Boulevard (see attached map). The property is accessed via an unpaved private drive off of Skyline Boulevard (Highway 35) that serves a handful of private properties and also provides patrol access (but not public access) into the northern area of the Preserve. The property is located within the District's Coastal Protection Area, an area that was annexed into the District boundaries in 2004. Prior to the purchase, the District requested confirmation from the County of San Mateo that the purchase was in conformity with the County's General Plan. At its December 10, 2008 meeting, the San Mateo County Planning Commission had determined that the purchase was in conformity. The District's Real Property Committee held a meeting on the property(within the District's Coastside Protection Area) in order to acquaint the Committee, neighbors, and interested parties with the property, and to receive public input into the proposed purchase. This meeting was held on October 5, 2010 after notice was distributed to property owners of land located adjacent to or near the subject property, coastside public officials, community interest groups, and government agencies within the Coastside Protection Area. At the Real Property Committee meeting, staff described the property and explained how the property would be a natural extension of the adjacent Preserve. After Committee discussion, a brief tour of the property improvements followed. The Committee voted to forward their recommendation of purchasing the property to the full Board of Directors for consideration at a future Board meeting. The purchase of the Bergman property would improve the District's ability to patrol and manage Russian Ridge Open Space Preserve, protect the Preserve from further development impacts, and create the opportunity for the future extension of the Alder Springs Trail toward the currently closed northwestern portion of the Preserve. Property Description (see attached map) The Bergman property slopes from east to west and consists of rolling grasslands, steep forested slopes, and lush creek corridors. Situated close to the ridgeline, the property possesses impressive scenic watershed views. Several small tributaries to Mindego Creek occur on the property. A year-round spring supports a lush riparian corridor lined with large alder trees. With a varied mosaic of grasslands, chaparral, oak and riparian woodlands, the property provides a rich resource for many wild animals, including wildlife such as coyotes,bobcats and dusky- footed woodrats, a wide variety of raptors and passerines, and potentially amphibians attracted by the year-round spring. Originally inhabited by Native Americans, the property eventually became the manager's complex for the historic summer home and ranch owned by Mayor(and Governor) James "Sunny Jim" Rolph, Jr., of San Francisco (portions of which are now part of Russian Ridge and Skyline Ridge Open Space Preserves). R-10-115 Page 3 Existing Structures and Improvements The Bergman family purchased the property in 1946 and three generations of the family have lived there, occupying the compound with four houses and numerous ranch outbuildings. Most zonin and building controls h structures and improvements likely receded current oft c, s p ypg g , althoughsome of the structures have been more recently altered/enlarged ed without Count Y g Y permits. These improvements consist of the following: Name Size Age Main House Two story, 1,600 sq. ft, 2 bedrooms, 1 bath 1970s Guest House One story, 600 sq. ft., 1 bedroom, 1 bath 1920s (no kitchen) Carriage House/Apartment One story, 400 sq. ft.,l bedroom, 1 bath 1920s Old House One q story, 1,000 sq. ft., 2 bedrooms, 1 bath 1920s Granny's House One story, 900 sq. ft., 2 bedrooms, 1 bath 1954 Stable/Tack Room/ Storage 1920s Garage/ Storage 1920s The Main House, Guest House, Apartment, and Old House are organized around a common garden courtyard. The Seller occupies the Main House and Guest House. The Apartment is leased to the Seller's property caretaker. The Old House and Granny's House are leased to two separate tenants. All buildings are surrounded by lush gardens and fruit trees, which provide an amenity as well as an irrigated fuel break. The property has a year-round reliable spring. The property's water systems currently collect water from the spring and pipe it to a tank system for use in the homes and gardens. No water treatment infrastructure is present. All residences have adequate septic and leach field systems. Electricity and propane gas is also available. USE AND MANAGEMENT Planning Considerations The Bergman property is located in an unincorporated rural area of San Mateo County within the District's Coastal Protection Area, and is zoned Resource Management(RM). The property consists of one legal parcel and has a potential density of one residential site. The parcel is adjacent to one developed private residential inholding, but is otherwise surrounded by District lands. Replacement of the existing residences with a larger modern structure(s) would be feasible if the property was not purchased by the District. Staff carefully considered the factors contained in the District's Policies Regarding Improvements on District Lands, and concluded that the best use of the Bergman property's existing improvements continues to be as residences for the existing tenants. On-going residential use is complementary to the management objectives of the Preserve, compatible with R-10-115 Page 4 the open space character of the site, and is the quickest, most cost-effective way to manage the property since the current occupants are most familiar with its maintenance needs. The 1993 San Gregorio Creek Adjudication Decree No 355792 does not allot any adjudicated water rights to the Bergman property. The property has one diversion point indicated on the State Water Resources Control Board map. Preliminary Use and Management Plan (Next Steps) The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for Russian Ridge Open Space Preserve. The Preliminary Use and Management Plan represent a status quo approach to management. The property will be maintained in its current condition with no changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use. Signs and Site Review and install closed area,preserve boundary and private residence Security: signs where appropriate. Structures and Continue to lease all residences. Evaluate use or disposition of the Improvements: remaining outbuildings consistent with District policy. Conduct a historic resources assessment prior to removing any structures. Install appropriate water treatment infrastructure. Maintain the water and sewer systems in working order. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Patrol: Routinely patrol the property. Wildfire Fuel Further assess vegetative communities on the property to determine wildfire Management: management needs. Maintain appropriate defensible space clearances around residential improvements. Roads and Maintain existing roads and driveways in immediate vicinity of the Trails: improvements in a serviceable condition according to District standards. Coastside Operate and manage the property in conformity with the provisions of the Service Plan: Service Plan for the Coastside Protection Area. Site Safety There are no known safety hazards on the site. Inspection: R-10-115 Page 5 Name: Name the property as an addition to Russian Ridge Open Space Preserve. Dedication: Withhold dedication of the property as public open space. Review dedication status as part of the subsequent planning process. Subsequent Analyze opportunities for public access, the potential extension of Alder Planning: Springs Trail, as well as natural and cultural resource management. Subsequent planning should be done in accordance with the Coastside Protection Program Service Plan, including consultation with appropriate agencies and organizations. The planning process should include public workshops to gather input, and public hearings to review draft and final plans. Prepare further environmental review as needed. CEQA COMPLIANCE Project Description The project consists of the purchase of a 14.25-acre property as an addition to Russian Ridge Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and will be maintained in its current condition. The existing residences will continue to be leased. In accordance with the Coastside Service Plan, the project incorporates all of the Coastside Environmental Impact Report (EIR) mitigation measures that apply to land purchases within the Coastside Protection Area and is subject to the EIR mitigation monitoring program. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act(CEQA) under Article 19, Sections 15301, 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation,repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The property will be closed to the public; minor management activities will occur; existing roads will be maintained according to District standards and the existing residences will be leased and maintained in a habitable condition. Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specified that the land will not be developed further and will remain in its current natural condition. R-10-115 Page 6 Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space by incorporating it into Russian Ridge Open Space Preserve. The acquisition qualifies under all four sections and is also exempt under section 15061 3 as q q p Cb)� ), there is no possibility the recommended actions may have a significant effect on the environment. TERMS AND CONDITIONS The 14.25 acre Bergman property is being purchased at price of$1,700,000 as a residentially improved property. The purchase price is considered fair and reasonable in this market area and is supported by independent fair market appraisals commissioned by the District and seller. The purchase price is to be paid as $850,000 in cash at the close of escrow and $850,000 as an unsecured promissory note paid in quarterly interest payments over five years at a tax free interest rate of 4%per annum. Interest payments for this note will total $170,000 over five years. This tax free interest rate was established in consultation with the District's bond underwriter and bond counsel, and is considered market rate for this type of note. At the end of the five year note term, the final principal payment of$850,000 will be paid to the seller. The property is being purchased on an "As-Is"basis and staff has conducted thorough due diligence investigations and an inspection of the property. Staff has inspected the property and reviewed the San Mateo County's property records and files and is satisfied that no underground storage tanks or hazardous waste exists on the property. As a condition of the purchase agreement, the seller has been very cooperative in removing vehicles, equipment, furniture,miscellaneous items and debris including hazardous waste such as tires, fuel and paint containers located at the garage. The District has the right to withhold $5,000 in escrow to ensure that the removal of these items is completed prior to the close of escrow. Staff will inspect the site clean up work and verify this work is completed to the District's satisfaction prior to releasing this amount. At the close of escrow, the District will enter into three residential month-to-month rental agreements with the existing tenants and the seller. One rental agreement will include the Main House, Guest House and Carriage Apartment as a rental complex to be shared by the seller, the apartment tenant, and the occasional occupant of the guest house. The tenant of the carriage house apartment has been a caretaker for the Bergman property for over three years performing maintenance of the spring fed water system, minor structure repairs,brush and fire break clearance, clearing of culverts and ditches along the access road and other such maintenance duties. As part of this rental agreement, the caretaker will continue to be responsible for such maintenance services in lieu of rent. More significant repairs of the structures or infrastructure R-10-115 Page 7 will require prior approval of the District. The other two rental agreements will cover the current tenants occupying the Old House and Granny's house, respectively. Income from these three rental agreements will total $4,000 a month or$48,000 in annual rental income to the District's Property Management program. The month-to-month residential agreements will be entered into under the General Manager's authority. BUDGET CONSIDERATIONS 2010-2011 Budget for New Land Purchases: New Land $15,000,000 Land purchased this year $ 3,825,000 Bergman Property $ 1,700,000 New Land Purchase Budget Remaining $ 9,475,000.00 Current Coastside Protection Area Fiscal Considerations Though surrounded by the Russian Ridge Open Space Preserve, the 14.25-acre Bergman property is located in the Coastside Protection Area and is subject to the Agreement between San Mateo County and the Midpeninsula Regional Open Space District (Regarding Fire Services) and the Agreement between the La Honda-Peseadero School District and the Midpeninsula Regional Open Space District. As part of the County Fire Agreement, the District would normally pay annual fees to San Mateo County Fire Department for fire services that are not currently provided with the State Responsibility Area of CalFire. However, since the property's improvements will be rented for private residential purposes under the District's Property Management program and therefore would be subject to County possessory interest tax payable by the tenants, the agreement waives the Fire Services Fee. As part of the School District Agreement, the District will pay the School District an annual fee of$364.25. The School District services fee will increase 2% annually. Under the School District agreement, possessory interest tax payments by the District's private tenants reduce the School Service fees due accordingly. The Coastside Protection Program included a Fiscal Analysis conducted by Economics Research Associates confirming the feasibility of implementing that Program. To ascertain whether the conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched the specific site conditions and expected costs associated with the proposed purchase and subsequent management of the property. This site assessment indicated that acquisition and management costs for the Bergman property are expected to be consistent with the Fiscal Analysis projections. Furthermore, staff assessed the costs associated with this project and compared them to the Controller's most recent 15-year projections of cash flow, property tax revenue, and operating expenses. Staff therefore concludes that purchasing and managing this property will not result in any significant impact to the District's existing services, and that the District has the resources to sustain this project. R-10-115 Page 8 PUBLIC NOTICE Property owners, District tenants, residents of land located adjacent to or along the same access road as the subject property, and attendees at the October 5, 2010 Real Property Committee meeting, were sent a copy of the agenda for this public meeting at which the Board of Directors will consider this purchase. Agenda subscribers, Coastside public officials, community-interest groups, media, conservation-oriented organizations, government agencies and government- sponsored organizations within the Coastside Protection Area have also been mailed a copy of the agenda. The agenda and this report have been made available on the District's website. Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Skyline Field Office will manage the property as an addition to the Russian Ridge Open Space Preserve in accordance with the adopted Preliminary Use and Management Plan and the Coastside Service Plan. At the close of escrow, month-to month residential Rental Agreements with the existing tenants will be executed under the General Manager's authority. Attachments: Resolutions (2) Map Prepared by: Michael Williams, Real Property Manager Sandy Sommer, AICP, Senior Real Property Planner Contact person: Michael Williams, Real Property Manager Graphics prepared by: Casey Cleve, GIS Coordinator RESOLUTION 1.0-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF BERGMAN) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Barbara S. p Bergman Trust U/D October 3, 1995 and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein("the Bergman Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed(s) on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds,but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to Accordingly, the Board of Directors hereby declares its intent the payment of the expenditures y to issue tax-exempt obligations in the maximum principal amount of$1,700,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Bergman Property that are paid before the date of issuance of the obligation. I RESOLUTION NO. 10-XX RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the District wishes to finance acquisition of real property to be used for open space (the"Property") from Barbara S. Bergman Trust U/D October 3, 1995 (the"Seller"); and WHEREAS, the Seller has agreed, as consideration for the sale of the Property to the District, to accept a promissory note (the"Note") from the District; and WHEREAS, pursuant to Public Resources Code Section 5544.2, the Note must be authorized by a resolution adopted by the affirmative votes of at least two-thirds of the members of the Board of Directors of the Maker; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Note, as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the Mid peninsula Regional Open Space District, as follows: Section 1. Recitals True and Correct. The District hereby finds and declares that the above recitals are true and correct. Section 2. Approval of the Note. The President is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver the Note, and the Secretary is hereby authorized and directed, for and in the name and on behalf of the District, to attest the President's signature to the Note. The Note shall be executed in the form on file with the Secretary, together with such additions thereto or changes therein as are recommended or approved by the President, upon consultation with counsel to the District; provided that no additions or changes shall authorize an aggregate principal amount in excess of$850,000.00, an interest rate in excess of 4%per annum or a maturity date later than December 10, 2015. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of the Note by the President and its attestation by the Secretary. Section 3. Official Action. All actions taken by the officers and agents of the District with respect to the purchase of the Property and the issuance of the Note are hereby approved, confirmed and ratified, and the proper officers of the District, including the President and the Secretary, are hereby authorized and directed, for and in the name and on behalf of the District, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with this Resolution. Section 4. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. i i i �I AUDUBON SOCIETY i• - i nn e i nr�rrii' �1M I- i OPEN SPACE PRESERVE Bergman ` Property 14.25 acres _ _ � .._.._ .r :£f ;Rid - � -- ��\\Rd�_ •5=;� fie^ °9e Tr rail 0) J.. "•r -Trail YCL RUSSOAN RIDGE OPEN SPACE PRESER'V'E J -' jet pak S frail rf j Tsai/ 70 MINDEGO RANCH SF YOUTH iy _ AUTHORITY �.._.. SKYLINE RIDGE OPEN SPACE PRESER-VE i i i Proposed Addition of Bergman Property, Russian Ridge Open Space Preserve Midpeninsula Regional MROSD Open Space District �] Other Public Agency j—_'I Coastside Protection Area Boundary October 2010 Other Protected Open Space , or Park Lands Non-Profit Land Bergman Property a Miles 0 0.25 0.5 Midpeninsula Regional Open Space District R-10-99 Meeting 10-29 October 27, 2010 AGENDA ITEM 7 AGENDA ITEM Authorization to Amend the Preliminary Use and Management Plans for Lobitos Ridge and Elkus Ranch Uplands Additions to the Purisima Creek Redwoods Open Space Preserve to Incorporate a Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit; and Authorization to Approve a Proposed Negative Declaration and Grazing Lease for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt an Amendment to the Preliminary Use and Management Plan for the Lobitos Ridge and Elkus Ranch Uplands additions to the Purisima Creek Open Space Preserve to incorporate a Rangeland Management Plan. 2. Approve the Proposed Negative Declaration in accordance with the California Environmental Quality Act(CEQA) as set out in this Report and adopt the findings set out in the attached Resolution. 3. Adopt the attached Resolution authorizing the General Manager to execute a five-year grazing lease to Vince Fontana for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit on the terms and conditions set forth in the attached Grazing Lease. SUMMARY In August 2009 and March 2010 respectively, the District purchased the former University of California(UC) Elkus Ranch Uplands and Peninsula Open Space Trust (POST) Lobitos Ridge properties. At the time of purchase, the District assumed existing grazing leases with the intent of continuing grazing on both properties with the current tenant, Vince Fontana. Staff recommends continuing cattle grazing on both properties with Vince Fontana as the lessee and has created a District grazing lease and a comprehensive Rangeland Management Plan in keeping with the District's Service Plan to preserve existing and potential agricultural operations. The Rangeland Management Plan has been reviewed by both the County of San Mateo Farm Bureau and Agricultural Advisory Committee. This report outlines the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five-year District grazing lease with an option to extend the term for an additional five years. R-10-99 Page 2 DISCUSSION The District purchased the UC Elkus Ranch Uplands property and POST Lobitos Ridge property in August 2009 and March 2010,respectively. The District Board of Directors adopted a Preliminary Use and Management Plan for both of these additions to the District's open space preserve system. Both properties were leased to a local grazing operator, Vince Fontana, on a month-to-month basis for cattle grazing. These grazing leases were assigned to the District at the time of purchase. Under the terms of the existing leases, Mr. Fontana has been running a year- round cow-calf operation on approximately 790 acres of grassland and shrub land areas suitable for cattle grazing(referred to in this report as the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit) (Attachment 1). For the District to maintain uninterrupted grazing on these properties following the principles of`conservation grazing', implementation of a Rangeland Management Plan (Attachment 2) and District grazing lease (Attachment 4) is required. This report outlines the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five- year g g J i year District grazing lease with an option to extend the term for an additional five years. Rangeland Management Plan The Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit has four main objectives. The first objective is to maintain uninterrupted grazing on the property J J p �' g P p Y following the principles of`conservation grazing'. The existing tenant will continue to graze the properties with a maximum estimated 300-350 Animal Unit Months (AVMs) on Elkus and 230- 270 AUMs on Lobitos Ridge typically from December to August. Mr. Fontana will have the option of grazing throughout the remainder of the summer if ample livestock water and forage are available without negatively impacting habitat value or water quality. The District performance standards for residual dry matter(RDM) are the same standards set forth by the US Department of Agriculture Natural Resources Conservation Service(NRCS). The second objective is to control non-native, invasive plants species on the properties. The District will work closely with a certified pest control advisor and the tenant and/or contractor to identify, map, and treat infestations on the property. There are minor infestations of milk thistle, bull thistle, and poison hemlock on the properties. Additionally, coyote brush encroachment into grasslands is reducing the grassland habitat. Specific brush encroachment zones have been identified and will be treated to preserve the integrity of the grasslands. The third objective is to protect and enhance riparian and aquatic habitat on the properties. Lobitos Creek borders the Elkus Ranch Uplands to the south and there are six ponds on these properties. Cattle have been fenced out of Lobitos Creek with limited access when the tenant moves livestock from one side of the stream to the other. Five of the stock ponds on the property are seasonal and one pond holds water year around. The District plans to maintain these ponds to increase habitat value and maximize water holding capacity for livestock and wildlife water. Pond management tools and associated best management practices will be applied during pond maintenance and an attachment outlining these tools and practices is included in the plan. i R-10-99 Page 3 The fourth objective is to develop or improve ranch infrastructure on the property to enhance the ease and benefit of the livestock operation and improve wildlife habitat value. The District will work with the current tenant and/or contractor to repair and strengthen the perimeter fencing and possibly add new fencing along the Elkus Ranch Uplands and UC Elkus Camp. The corral facility that services these properties is located on a neighboring property, but the option of developing a corral on the properties will be evaluated. Additionally, drinking water for livestock is limited on the property during summer months and plans for installing additional maintenance work will be implemented, where feasible. water troughs and pond m a p , Coastside Protection Program Process Both of these properties are located within the Coastside Protection Area. The San Mateo County coastal annexation process, the District's Service Plan for the Coastside Protection Area and subsequent conditions approved by the San Mateo County Local Area Formation Commission (LAFCo) established a number of policies and procedures for implementing the District's Coastside Protection Program. The Program now guides the District's purchase, use, and management of open space land within the Coastside Protection Area. The Program requires consultation with interested public agencies, officials, organizations, and community interest groups to solicit input into the decision-making and planning process prior to the Board's consideration of significant decisions regarding use or improvements on District-owned lands within the Coastside Protection Area. To comply with the District's Service Plan for the Coastside Protection Area, the Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit has been considered and discussed at the San Mateo County Farm Bureau at its June 7`h meeting and at the San Mateo County Agricultural Advisory Committee on July 12`h. Both organizations support the Rangeland Management Plan AMENDMENT TO PRELIMINARY USE AND MANAGEMENT PLAN The project consists of amending the District's Preliminary Use and Management Plan for the Lobitos Ridge and Elkus Ranch Uplands additions to Purisima Creek Open Space Preserve to allow for the continuation of cattle grazing under specific prescriptions and range management practices set forth in the Rangeland Management Plan, by award of a five-year lease to the current grazing tenant. 1 CEQA COMPLIANCE Project Description The proposed project consists of implementation of a ten-year Rangeland Management Plan (Plan) for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit, which encompass 790 acres between Purisima and Lobitos Creeks in coastal San Mateo County, California. The properties were recently acquired by the District and are within the Coastside Protection Area, an area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades, originally dry-land farmed for grains and _I R-10-99 Page 4 more recently utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the spring and summer months for at least 15 years. The properties provide valuable, regionally-limited habitat for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries, and four stock ponds provide potential breeding habitat for this species. Finally, grasslands, although heavily dominated by introduced pasture grasses, are relatively weed-free and can potentially be managed to increase their native component. The goal of rangeland management on the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit is to preserve, protect, and enhance the biotic values of the properties, while continuing to utilize the land as an agricultural resource. The Rangeland Management Plan ensures progress towards this goal through the following objectives: i 1 Maintain grazing following theprinciples of resource conservation grazing; � ) 1�' g g �' g; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; and 4) Improve water infrastructure for livestock use and wildlife habitat. Under the Rangeland Management Plan cattle would continue to be stocked b a grazing tenant g g � Y �' g and manager from approximately November/December(range preparedness) through August (forage decay) at a maximum density of approximately 620 AUMs. The Rangeland Management Plan requires monitoring of available forage through Residual Dry Matter(RDM) performance standards to determine the length of the grazing season. Cattle may remain on the property through fall to attain desired RDM levels, provided sufficient, off-stream livestock water is available. Further habitat protection and enhancement measures required by the Rangeland Management Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian areas, an experimental pasture rotation to favor native annual plants, and enhancing livestock water availability and wildlife habitat in existing stock ponds. The Rangeland Management Plan also includes improvements to existing ranch roads including routine maintenance, culvert installation, minor vegetation clearing, and grading. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects, as well as road projects adjacent to ponds or streams, incorporate specific prescribed Best Management Practices (BMPs) for work in or near aquatic habitats. These BMPs include habitat and species protection measures including seasonal limited operating periods,restrictions on the use of mechanized equipment, and biological monitoring. The Rangeland Management Plan also incorporates BMPs for erosion control from the District's Details and Specifications Guidelines. Federal, state, and local permits will be acquired for all major earth work projects (defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). The project is being carried out pursuant to the District's Service Plan for the Coastal Protection Area located in San Mateo County. The District's Service Plan directs the District to focus its R-10-99 Page 5 efforts in the Coastside Protection Area on the preservation and management of open space resources in order to protect watershed integrity and water quality; protect habitats for special- status species; provide visitor facilities for low-intensity recreation; and preserve existing and potential agricultural operations, among other goals. The Environmental Impact Report(EIR) for the District's Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into to the District's Service Plan pertaining to the use and management of the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit were adopted by the District Board of Directors in August 2009 and March 2010, respectively. In order to eliminate repetitive discussions of issues addressed in the EIR, this initial study and the proposed negative declaration are tiered off the EIR and focus on issues specific to this project. CEQA Findings District staff prepared an Initial Study and proposed Negative Declaration evaluating the Project. The public comment period commenced on August 3, 2010 and ended on September 2, 2010 and no comments were received. The Initial Study and proposed Negative Declaration found that a number of CEQA impact criteria do not apply to the project due to its design, scope and location. The document also found that the project either avoids impacts or minimizes them to a less-than-significant level due to the specific nature of the project or the project design. CEQA Determination Pursuant to CEQA, it is determined that the project will not: • Create impacts that degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory, due to the project's fundamentally small scale, localized nature; • Create impacts that are individually limited,but cumulatively considerable, based on project-specific factors that reduce these impacts to a less than significant level; and • Create environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly,based on project-specific factors that reduce these impacts to a less than significant level. Staff recommends that the Board approve the attached Resolution adopting findings under CEQA determining that the proposed actions have no potential significant environmental impacts. TERMS AND CONDITIONS Retention of Current Grazing Tenant Staff recommends that the Board approve entering into a five-year grazing lease with a five-year option to extend the lease with the current grazing tenant, Vince Fontana. Mr. Fontana is a local R-10-99 Page 6 operator with years of experience and familiarity with coastside ranching in San Mateo County and currently grazes cattle on District land along Alpine Road (former Big Dipper and Silva/ Kenyon Ranches). He has the necessary qualifications to run a grazing operation consistent with the Rangeland Management Plan and the District's resource management objectives. Further, the District's Service Plan discourages displacing current operators of agricultural lands purchased by the District provided that the operator has an interest in staying on and a willingness to work with the District in running the operation in a manner that supports the District's public use and resource management goals. Grazing Lease Terms and Conditions The lease term is for five (5) years, extendable for an additional five(5) years at the District's election, if the tenant is willing, on the terms and conditions set forth in the grazing lease. The effective date of the grazing lease will be November 1, 2010. Annual rent under the previous grazing lease assigned from the Peninisula Open Space Trust to the District was $408.33 per month or$4,899.96 per year. First year rent under the District lease will be $5,360.00 per year. It is calculated as follows: I.obitos Ridge & UC Elkus Uplands Grazing Unit - 50 AUMS for an average 8 months = 400 AUMS Total Grazing Capacity=400 AUMS Per AUM Rent(market rate) adjusted= $13.89 - .49 = $13.40 Rent for first lease year=400 AUM X $13.40= $5,360 Rent will be adjusted annually thereafter to reflect any changes in the authorized grazing season, grazing capacity, and fluctuations in the market price of beef cattle from year to year. Annually, the market rate for cattle is determined at sale in June and July. The District will inform the grazing tenant by July 15th of each year the per AUM rent for the subsequent lease year. Under the lease terms, the grazing tenant has the option to terminate the lease by giving th n A 1 if the per AUM rent for the subsequent lease year will not enable written notice o August 5 p q y the grazing tenant to conduct an economically viable grazing operation. In the event of such termination, the grazing tenant shall be allowed ninety(90) days following receipt of the written notice to vacate the grazing unit. If no termination notice is given by the grazing tenant, the District shall notify the grazing tenant in writing by November 15th the authorized grazing capacity, grazing season, and annual rent. Rent is paid in two payments, one in January and one in July. Rent credit for performance of work by the tenant may be granted on a case-by-case basis for improvements to the ranch infrastructure, such as repairing perimeter fencing or constructing a new fence. Rental credits may not exceed the annual rent for the grazing unit. The tenant is required to manage and operate the grazing unit according to the prescriptions and range management practices set forth in the Rangeland Management Plan. R-10-99 Page 7 BUDGET CONSIDERATIONS The annual revenue for the Lobitos Ridge/Elkus Ranch Uplands is variable and agreed to between the District and tenant annually by November 151h. For this first grazing season, the rent is $5,360.00. Rental credits are expensed and variable each year. At the beginning of the grazing season, suggested rental credits are agreed to and budgeted, but as the year progresses, weather and unforeseen circumstances can change rental credit priorities. For this first grazing season, the District and tenant will agree upon a set of rental credits that will be reflected in the Mid Year budget. j PUBLIC NOTICE Written notice of this item has been sent to property owners of land located adjacent to or surrounding the Preserve, as well as to Coastside public officials, community interest groups, nonprofit land trusts, conservation-oriented organizations, elected officials, government agencies, and government sponsored organizations within the Coastside Protection Area. NEXT STEPS If the Rangeland Management Plan and the District grazing lease are approved by the Board of Directors, staff will notify Mr. Fontana of Board approval of this item and subsequently enter into a five year lease. Attachments: Resolution CEQA Resolution Attachment 1 - Map Attachment 2 - Rangeland Management Plan Attachment 3 -Negative Declaration Attachment 4 - Grazing Lease Lobitos Ridge/Elkus Ranch Uplands Grazing Unit Purisima Creek Open Space Preserve p Prepared by: Elaina Cuzick, Real Property Specialist Kirk Lenington, Senior Resource Planner Clayton Koopmann, Rangeland Ecologist Contact person: Elaina Cuzick Graphics prepared by: Zachary Alexander, Planning Technician RESOLUTION NO. 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A NEGATIVE DECLARATION IN CONNECTION WITH THE LOBITOS RIDGE/ELKUS RANCH UPLANDS GRAZING UNIT RANGELAND MANAGEMENT PLAN AND AUTHORIZING THE GENERAL MANAGER TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY TO ENABLE THE PROJECT TO BE UNDERTAKEN AND COMPLETED. I. The Board of Directors of the Midpeninsula Regional Open Space District ("District") is considering authorization of a Rangeland Management Plan for the Lobitos Ridge and Elkus Ranch Uplands areas of the Purisima Creek Redwoods Open Space Preserve ("Project") and various related actions. I II. An Initial Study(IS), attached to the Report, was prepared for the Project pursuant to the requirements of the California Environmental Quality Act(CEQA, Public Resources Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations sections 15000 et seq.). III. The IS identified no potentially significant adverse effects on the environment from the proposed Project. IV. The IS and a notice of intent to adopt a Negative Declaration (ND) were circulated for public review from August 3, 2010 to September 2, 2010. V. On October 27, 2010, the Board of Directors conducted a duly noticed public hearing on the adequacy of the ND (including the IS) at which oral and written comments and a staff recommendation fora approval of the ND were resented to the Board of Directors. The pp p f Directors reviewed and considered the information in the IS and ND Board o o s v e , administrative record, and Staff Reports for completeness and compliance with CEQA and the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that, based upon the Initial Study, Negative Declaration, all comments received, and all substantial evidence in light of the whole record presented, the Board of Directors finds that: 1. Notice of the availability of the Initial Study and proposed Negative Declaration and all hearings on the ND was given as required by law and the actions were conducted pursuant to California Environmental Quality Act(CEQA) and the CEQA Guidelines. 2. All interested parties desiring to comment on the proposed ND were given the opportunity to submit oral and written comments on the adequacy of the ND prior to this action by the Board of Directors and any comments raised during the public comment period and at the public hearings on the ND were responded to adequately. 3. Prior to approving the Project that is the subject of the proposed ND, the Board considered the ND along with any comments received during the public review process. 4. The Board finds that, on the basis of the whole of the record before it, including the ND, Initial Study, and any comments received, that there is no substantial evidence that the Project will have a significant effect on the environment. i 5. The Board adopts the proposed ND and determines that it reflects the District's independent judgment and analysis. 6. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. RESOLUTION NO. 10-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE GRAZING LEASE FOR THE LOBITOS RIDGE/ELKUS RANCH UPLANDS GRAZING UNIT OF THE PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The District may, under the provisions of Section 5540 of the Public Resources Code, lease property owned by the District, and the Board of Directors hereby finds that lease of a portion of the Purisima Creek Redwood Open Space Preserve for grazing and range management purposes is compatible with park and open space purposes, and finds the lease of such premises (referred to as the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit) to be in the public interest on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the grazing lease between Midpeninsula Regional Open Space District and Vince Fontana, a copy of which is attached hereto and by this reference made a part hereof, and does hereby authorize the President or other appropriate officers to execute said lease on behalf of the District. Section Three. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of an additional 5-year option of the grazing lease as set forth in the grazing lease. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. The General Manager shall report in writing on any such exercise of an option to continue the subject grazing lease to the Board of Directors at the meeting immediately following the exercise thereof. r dV 1.• r tl �► - 4 I - r � r 1 )" i, I r Pontl a Pond-1 Po"d k I+n E � a I k I �' • i. .._ / �0 x • Figure 1. Exisiting and Potential Grazing Infrastructure Elkus Ranch Uplands Fencing and Barriers Existing Livestock Potential Livestock and Lobitos Ridge ExistingFencing Water Resources Water Resources g Midpeninsula Regional Natural Barriers ® Seasonal Pond W Proposed water Trough Open Space District ( Possible Repair/New Fence 0 Perennial Pond Q Proposed Tank January 2010 Need for New Fence(optionaq Spring e �,�F. The following attachment 2, 3 and 4 are available for review on the District's website. Access instruction: 1. Go to http://www.openspace.org/about us/meetings.asp. 2. Click on October 27 meeting. 3. An agenda will open up, go to item# 7 and click again. 4. Wait a moment and the report along with all attachments will load. 0 pen5pace d Mxdpen� uia Regional Otters Spate Costs a Rangeland Management Plan Elkus Ranch Uplands and Lobitos Ridge Properties Purisima Creek Redwoods Open Space Preserve Introduction The former University of California Elkus 4-H Ranch Uplands (Elkus Ranch Uplands) and POST Lobitos Ridge(Lobitos Ridge)properties encompass 790 acres between Purisima Creek and Lobitos Creek, in Coastal San Mateo County, California. Elkus Ranch Uplands and Lobitos Creek were acquired in 2009 and 2010,respectively,by the Midpeninsula Regional Open Space District(District). The properties are currently grazed as a single unit under the management of a grazing tenant. This document details the current and prescribed conditions for rangeland management associated with the renewal of the grazing lease, which is expected to extend from May 2010 through May 2020. It describes the District's plan for continued livestock use of the properties, including grazing,resource management,and maintenance prescriptions. A brief description of biotic resource values of the properties is included. Property Description Elkus Ranch Uplands was donated to the University of California by the Elkus family in 1975 and was owned and operated in conjunction with the Elkus 4-H Ranch environmental education and retreat center,located in the canyon below,until District acquisition in August 2009. The District's Preliminary Use and Management Plan allows for the issuance of a neighbor permit to UC allowing educational group hikes on the property from the 4-H center,accessed from UC's Dean Trail easement. The Lobitos Ridge property was purchased by the Peninsula Open Space Trust in 2004 from the Beffa family,who had owned it since 1960. The property was farmed prior to its use as rangeland with various crops, and about 7 acres of prime soils along the northern side of Purisima Creek are leased for row crop production. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades,originally dry-land farmed for grains and more recently utilized as rangeland for a seasonal grazing operation. Despite historical and current agricultural use,the properties provide valuable,regionally-limited habitat for both common and special- status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries, and the San Francisco garter Page 1 k4«F4a1! IpenSpacE Spas*owf,a snake potentially utilizes this prey base. Grasslands, although heavily dominated by introduced pasture grasses, are relatively weed-free and can potentially be managed to increase their native component. Finally,the properties provide stunning views and a potential coastal trail connection. Plan Objectives The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve,protect, and enhance the biotic values of the properties, while continuing to utilize the land as an agricultural resource. This plan ensures progress towards this goal through the following short-term objectives: 1) Maintain uninterrupted grazing following the principles of conservation grazing; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; 4) Develop a plan to improve water infrastructure for livestock use and wildlife habitat and evaluate costs. Range Facilities and Conditions The Elkus Ranch Uplands and Lobitos Ridge properties are currently grazed under the management of Vince Fontana, in combination with two adjacent, private parcels to the south. Mr. Fontana runs a cow/calf pair operation,typically consisting of 70-80 pairs rotated between two private parcels, Elkus Ranch Uplands and Lobitos Ridge. Stocking rates fluctuate based on available forage and water availability on the four properties. The ranch has very limited grazing infrastructure development, as shown in Figure 1. Fencing Livestock-tight perimeter and cross fencing is adequate on the properties except along the UC Elkus Property Boundary(Figure 1). Topography and vegetation, such as slope,rock, and brush barriers, aid in keeping cattle on the ranch in this and in other locations. However, existing perimeter fencing is old and needs repair or replacement in some areas. i Neither Elkus Ranch Uplands nor Lobitos Ridge has corral facilities. The lessee utilizes a set of his corrals located on the UC property for processing, doctoring, and loading cattle. A fenced holding field is located just above the corrals on District land. Water Sources Water availability to livestock is extremely limited on the Elkus Ranch Uplands and Lobitos Ridge properties. Available sources include one permanent and five seasonal stock ponds(discussed further below)and a partially-developed spring. No water troughs or storage tanks are present. The ponds and spring provide insufficient livestock water and until recently, cattle were permitted access to Lobitos Creek. In Page 2 i OpenSpace I MtdpeflA ula Regtanal 00en Spun Dfstr,u 2009 the creek was fenced off and a gate was installed to allow cattle to utilize a water source on the non-District land on the other side. The 1985 Purisima Creek Adjudication Decree No. 278007 and subsequent modifications (the Decree) authorizes certain specified landowners to use the waters of Purisima Creek and its tributaries, though the water must be used in accordance with the restrictions in the Decree. As part of the Elkus Ranch Uplands purchase, UC retained their adjudicated water rights to Purisima Creek(both domestic and stock watering). However, the District as owner of the Uplands property is authorized to continue to use, repair and maintain the two small stock watering ponds in the Purisima Creek watershed for continued grazing on the Uplands property. The District received 100% of UC's water rights associated with Lobitos Creek. As part of the Lobitos Ridge purchase the District will obtain 100% of POST's water rights for the property. Biotic Resources This section provides descriptions of the biotic habitats occurring on Elkus Ranch Uplands and Lobitos Ridge, lists the special-status species potentially associated with these habitats, and identifies key resource management concerns, including sensitive biotic resources, on the property. Field data were collected during reconnaissance-level surveys conducted by District staff during Spring and Summer 2009, a one-day herpetological assessment Biosearch Associates in June 2009, and a stream survey conducted by Eric Remington in 2007. A brief review of published data on known distribution of special-status species in the vicinity, including the status of steelhead trout in Lobitos and Purisima Creeks was also conducted. No focused surveys for special- status species were conducted. California Annual Grassland Grasslands dominated by wild oat(Avenafatua), ripgut brome(Bromus diandrus), and soft chess (B. hordeaceus) occur on ridges and gentle to moderate slopes throughout the two properties. These grasslands are typical of grazed soils in the coastal zone,which benefit from high moisture deposition from fog. Clay-loam soils can be highly productive with this relatively high moisture content and support dense growth of pasture grasses, hindering the establishment of native annual forbs. Native perennial grasses can persist in undisturbed(untilled)areas or on steep,thin, less productive soils. On both Elkus Ranch Uplands and Lobitos Ridge, grasslands are primarily underlain by relatively productive, loam or clay-loam soils of the Gazos and Lobitos series,were likely tilled in the past, and have supported grazing operations for some time; significant stands of native grasses were not observed. Page 3 Open ace I Midpcmn�ula Re :anal 00en Spa�e Disu-et Grassland species composition on Lobitos Ridge is particularly impacted: velvet grass (Holcus lanatus) is common along the ridgeline here, and even less productive soils are heavily dominated by introduced species. Areas where cattle congregate, such as around seasonal ponds and near creek crossings,are heavily invaded by thistles, including milk thistle(Silybum marianum),bull thistle(Cirsium vulgare), and bristly ox-tongue(Picris echioides). However,purple needlegrass(Nasellapulcra), California brome(Bromus carinatus) and California oatgrass(Danthonia californica) are widely distributed among the pasture grasses. Associated herb species include pale flax(Linum bienne), English plantain(Plantago lanceolata),hop clover(Trifolium campestre), and localized native patches of California buttercup(Ranunculus californicus), sun cups(Camissonia ovata), footsteps-of-spring(Sanicula arctopoides), western.rush(Juncus occidentalis), blue-eye grass(Sisycrinchium bellum) and Kellogg's yarnpah(Perideridia kelloggii). Approximately 164 acres of grassland was mapped on Elkus Ranch Uplands, while Lobitos Creek contains about 93 acres. These totals do not include areas where coyote brush is a significant habitat component(see below). Grassland/Coastal Scrub Transition(Open Coyote Brush Stands) Succession in coastal grasslands, if uninterrupted by natural or artificial disturbance, results in transition to coastal scrub. These transition areas contain a mix of coyote brush (Baccharis pilularis) and grassland plant species, and,because they are open yet relatively inaccessible to cattle, can be quite weedy. Velvet grass in particular can dominate the herb layer of open coyote brush scrublands, and both French broom (Genista monspessulana) and pampas grass(Cortaderia selloana)were observed within this habitat on the properties. Halting this transition should be a priority on the Purisima to Sea properties both from a grazing and a botanical standpoint. However,wildlife, in particular grassland birds,thrive in the transition zone of grassland to scrubland due to the abundance of perch sites, cover,and forage. Approximately 70 acres of this habitat type was mapped on Elkus Ranch Uplands. Approximately 76 acres occur on Lobitos Ridge. Coastal Sage—Chaparral(Xeric Coyote Brush Stands) A more dense and diverse association of coyote brush,California sagebrush(Artemisia californica), and bush monkeyflower(Mimulus aurantiacus) occurs on south-facing slopes with thin soils, which have not been accessible to grazing for some time. Blue- blossom(Ceanothus thyrsiflorus) share dominance with scrub species in some areas. Approximately 59 acres of this habitat type occur on Elkus Ranch Uplands; Lobitos Ridge contains about 20 acres. Coastal Scrub (Mesic Coyote Brush Stands) Mesic Coyote Brush Stands form the most abundant of the shrub-dominated habitats on the Puri sima-to-Sea properties. Approximately 112 acres of this habitat, which is more Page 4 0 penSpace I hotdpo-nimuia Regionai open spate Gistrict commonly known as coastal scrub,occur on Elkus Ranch Uplands, while Lobitos Creek contains about 125 acres. Coastal scrub is differentiated from coyote brush transition areas and coastal-sage chaparral in that it occurs primarily on north-facing slopes and shady canyons and is co-dominated by shade-tolerant species such as California blackberry(Rubus ursinus), ocean spray(Holodiscus discolor),California honeysuckle (Lonicera hispidula var. vacillans),and black twinberry(L. invoucrata var. ledbourii). Mesic Deciduous Shrubland Mesic Deciduous Shrublands comprise impenetrable thickets of American dogwood (Cornus sericea),oso berry(Oemlaria cerasiformis), ocean spray,and poison oak (Toxicodendron diversilobum), among other species,which intergrade with arroyo willow and red alder along creeks, in steep canyons, and north-facing slopes. There is little open ground in this habitat type, as herbs such as mugwort(Artemesia douglasiana), cow parsnip (Heracleum lanatum), California figwort(Scrophularia californica), and hoary nettle(Urtica diocia ssp. holocericea) thickly colonize the understory. Where cattle congregate for shade and water, this habitat can be exceedingly weedy, with poison hemlock(Conium maculatum), and various thistles dominant. Approximately 11 acres of this habitat type occur on Elkus Ranch Uplands, along the upper reaches of tributaries to Purisima and Lobitos Creeks. Only about 7 acres of mesic deciduous shrubland occurs on Lobitos Ridge. Riparian Forest and Scrub Arroyo willow scrub and red alder riparian forest comprise key sensitive habitat areas on the Purisima-to-Sea properties. On Elkus Ranch Uplands, arroyo willow scrub occurs on the upper tributaries to Purisima Creek and on three tributaries to Lobitos Creek; approximately 21 acres of this habitat type are mapped on the property. Arroyo willow (Salix lasiolepis) is frequently the sole dominant here, although red elderberry(Sambucus racemosa var. racemosa) is a common component of the dense overstory. Riparian habitat is well-developed along Lobitos Creek and is classified as red alder riparian forest;Alnus rubra is the dominant here, with arroyo willow and big leaf maple(Ater macrophyllum) also present. Ocean spray, snowberry(Symphoricarpos albus), gooseberry(Ribes spp.),thimbleberry(Rubits parviflora), and salmon berry(R. spectabilis)are common understory shrubs. Elkus Ranch Uplands and Lobitos Ridge contain 33 and 38 acres of riparian forest and scrub, respectively. Perennial Creeks Purisima and Lobitos Creeks form the northern and southern boundaries of the Elkus Ranch Uplands and Lobitos Ridge properties and are a dominate feature of the landscape. Purisima Creek consists of about 7.9 stream miles and drains a watershed of about nine square miles. It flows west, entering the Pacific Ocean south of Eel Rock. Lobitos Creek consists of about five stream miles and has a watershed of about four square miles. It flows southwest, entering the Pacific Ocean at Martins Beach. Both creeks support Page 5 Open5pace 1 Midptninlula Reg;atral Coen Space OiltriLt extensive riparian vegetation and provide high-quality wildlife habitat, including non- breeding habitat for the California red-legged frog. Ponds Six ponds occur on the Lobitos Ridge and Elkus Ranch Uplands properties (Table 1, Figure 1), only one of which, on the lower portion of Lobitos Ridge,holds water throughout the year. Pond characteristics and enhancement recommendations are described in detail below. Table 1. Characteristics of ponds on the Elkus and Lobitos Ridge Pro erties Preliminary Pond Location Size(ft) Maximum Hydrology Management ID Depth ft 2009 Recommendations 1 Elkus Ranch Uplands(top 30 x 30 2.5 Dry by June Maintain as seasonal of PCR tributary) pond;enhance for CRLF breeding habitat 2 Elkus Ranch Uplands(at 30 x 30 2.5 Dry by June Maintain as seasonal spring in LCR watershed) pond;enhance for CRLF breeding habitat 3 Elkus Ranch Uplands(at 30 x 60 3 Dry by early Maintain as seasonal Lobitos Ridge boundary) August pond;enhance for CRLF breeding habitat 4 Lobitos Ridge(LCR 30 x 40 1.5 Dry;full of Consider abandoning; watershed) sediment gully sediment sink 6 Lobitos Ridge(in PCR 30 x 75 5 Permanent(4 Maintain berm as tributary) ft deep in needed to ensure June) perennial water storage capacity. Special Status Species Special Status Plants Special-status plants potentially associated with the grassland community throughout the Elkus Ranch Uplands and Lobitos Ridge properties include Coast yellow leptosiphon (Leptosipon croceus; CNPS List 1 B.1),and Gairdner's yampah(Perideridia gairdneri; CNPS List 4.2). However, the lack of intact coastal prairie on the two properties likely precludes the occurrence of these species. Mesic deciduous shrubland could support the special-status plant western leatherwood(Dirca occidentalis). Page 6 91 C)penSpaCL' I M4dpomnsuij R�gtonal open SpaLe olltrict Special-status plant species potentially occurring within Coastal Scrub on the two properties include California androsace(Androsace elongate ssp. acuta; CNPS 4.2), coast rock cress(Arabis blepahrophylla; CNPS 4.3), Kellog's horkelia(Horkelia cuneata ssp. sericea; CNPS I B.1), San Mateo tree lupine(Lupines eximius; CNPS 3.2), Choris's popcorn-flower(Plagiobothrys chorisianus var. chorisianus; CNPS IB.2), and coastal triquetrella(Triquetrella californica; CNPS List IB.2). Special Status Wildlife California red-legged frog(Rana draytonfl), a federally threatened species, was observed in a tributary to Lobitos Creek on the Lobitos Ridge property(Eric Remington, pers. comm. February 2009). Pond 6, a permanent pond in a tributary to Purisima Creek, currently provides suitable breeding habitat(Biosearch Associates 2009),and the extensive riparian forest and mesic habitats adjacent to it provide high-quality upland habitat for this species. Frogs may also traverse grasslands and other open areas, particularly during their spring dispersal period. None of the ephemeral ponds were observed to hold water long enough into the dry season to provide suitable breeding conditions for CRLF(Biosearch Associates 2009). Although individual frogs could currently utilize these ponds for foraging or sheltering habitat during the winter, their potential as breeding habitat should be improved by increasing the duration of ponding. Ponds must hold water at least through August to ensure successful metamorphosis. Ponding duration can be increased by lining the basin with bentonite clay, which reduces water absorption into the soil; or by enlarging or dredging the basin to increase water holding capacity. San Francisco garter snake(Thamnophis sirtalis tetraenia), a federal and state endangered species with"no-take"status,potentially occurs on Elkus Ranch Uplands and Lobitos Ridge. According to Biosearch Associates (2009) Pond 6 provides potential habitat: Pacific tree frogs, a primary prey species,breed in the pond, and habitat conditions are suitable for breeding by the California red-legged frog, another important prey species. The adjacent grasslands and open scrub provide suitable habitat for basking and cover, and nearby ponds(off the subject properties)provide the metapopulation matrix thought to be required for this species. Additional surveys and analysis is necessary to determine the status of SFGS on the properties. Steelhead trout(Oncorhynchus mykiss) Various life-stages of rainbow trout, the non-migratory form of O. mykiss, have been observed in both Purisima and Lobitos Creeks. Purisima Creek is inaccessible to migratory fish due to a 30 foot waterfall at the Pacific Ocean. Nevertheless,Becker and Reining(2008)report that Purisima.Creek has offered"fine fishing," since the early 1900's; stocked steelhead and rainbow trout were observed by DFG in 1934(it is unclear Page 7 0pen Mtdptn1915u1a Regtonal Open SVaC,-District what differentiated between the two O. mykiss forms). Purisima Creek apparently now supports a self-sustaining population of resident rainbow trout,despite sediment problems in the downstream reach. According to a recent status report, the Department of Fish and Game(DFG)considers the Highway I and Verde Road crossings of Lobitos Creek to be total passage barriers (Becker and Reining 2008) to anadromy. DFG records indicate that rainbow trout have been stream-reproducing in Lobitos Creek since the 1920's; O. mykiss was reportedly stocked in the creek during that time period. A 1975 survey report states,"Lobitos Creek presently supports a minimal rainbow trout/steethead resource. Steelhead usage appears to be restricted to the lowermost 0.2-mile reach because of fish passage problems." However,recent surveys(2006)by DFG revealed multiple 0, mykiss year classes upstream from the Highway I crossing; it is likely that Steelhead gain access to Lobitos Creek during wet years when heavy flows in the downstream culverts permit passage. Regardless of the migratory status of the trout in Lobitos Creek,this stream provides high-quality spawning and rearing habitat for O. mykiss. Use of the creek by cattle seriously compromises this habitat. In particular, the Lobitos Creek crossing is used by the grazing tenant to water and transfer cattle to adjacent pastures. Cattle loiter in the creek, trampling the banks and vegetation, and causing severe erosion and sedimentation. Keeping cattle out of Lobitos Creek should be a high management priority on the Elkus Ranch Uplands and Lobitos Ridge properties. Page 8 I OpenSpace Mtdpernnluia Regoana!Open Space Disctzct I Grazing Management Plan Objective 1: Maintain uninterrupted grazing following the principles of conservation ram i The properties may be grazed on a seasonal(defined below) or year-round basis, depending on operational needs, resource management considerations, and livestock water availability,among other factors. Specific details on grazing timing and duration will be determined in consultation with the District representative. Guidelines regarding stocking rates and rotation are provided below. Prescriptions: • Graze cattle at—300-350 total Animal Unit Months (AUM) on the Elkus Ranch Uplands,preferably distributed as 70-80 AUM from March/range preparedness through August/forage decay for an average forage production year. Cow/calf pairs are suited to the property(i.e. —70 pairs for 5 months), though stockers may also be practical(140-150 stockers for five months) from December through June. • Graze cattle at—230-270 total Animal Unit Months(AUM)on Lobitos Ridge, preferably distributed as 70-80 AUM from December/germination of non-native grasses through mid March/germination of native annual vegetation. Cow/calf pairs are suited to the property(i.e.—70-80 pairs for 3.5 months), and then rotate the cattle to the Elkus Ranch Uplands from March through August(Figure 2). This rotation is suggested as an experiment to promote growth of the native annual vegetation and it is understood that this rotation may not be feasible. An alternate rotation may be utilized to accommodate the tenant if the prescribed, experimental rotation is not feasible. • Available livestock water and available forage will be monitored by District representative and will determine the length of the grazing season. Performance standards for residual dry matter measurements are included below per average slope: 0 to 30%slopes: an average minimum of two inches to three inches of residual dry matter—approximately an average of 600-1,000 pounds per acre per NRCS and UCCE definition. Greater than 30% slopes: an average minimum of three to four inches of residual dry matter—approximately an average of 1,000-1,200 pounds per acre per NRCS and UCCE definition Page 9 OpenSpace 4 Mudpeninstila Regional Open Space District 0 Tenant may graze properties throughout the summer and fall months, following the winter/spring rotation, to achieve the recommended RDM levels provided sufficient, off-stream livestock water is available. Alternative water development options will be explored, including a fenced rock crossing, an alluvial well or instrearn diversion, further development of existing(non-adjudicated) springs, or improved surface water storage. 0 Midpeninsula Regional Open Space District reserves the right to terminate the lease agreement giving 60 days notice to the tenant if the tenant fails to adhere to the predetermined RDM standards or if either property is left with an average of greater than 2,000 pounds of RDM at the end of a grazing season. Additionally, the tenant maybe removed from the property if they graze grasslands below the prescribed RDM levels without consent of the Rangeland Manager. Fluctuations in forage production occur annually and the tenant will work with the District representative to achieve the prescribed RDM levels each year. Objective 2: Control invasive plant species and agricultural weeds. Prescriptions: Thistle and other invasive plant species are present in varying locations and densities from season to season depending on precipitation and temperature. Approved treatment methods include prescribed grazing,mowing,hand removal, burning, and herbicide application. Herbicide application may be performed by the grazing tenant, District staff,or a contractor provided they are in compliance with all herbicide application regulations, follow the District Pest Control Recommendation, and report herbicide application to the District in addition to the county. Surveys during the 2009 season detected poison hemlock,bull thistle, milk thistle, and Italian thistle as target species. Locations of 2009 infestations are designated on Figure 2. The tenant will work cooperatively with the District Rangeland Ecologist seasonally to locate areas of concern and determine the appropriate method(s) for treatment. Dense patches of non-native velvet grass(Holcus lanattis) are distributed throughout the grasslands,particularly in gentle slopes with deeper soils. Research into effective velvet grass treatment measures is needed. Page 10 0 peR�ace I Midpeninsu4 Regkonal Open Space District Coyote Brush(Baccharis pilularis) is prevalent in dense, well established patches through out the property. Encroachment of coyote brush into grasslands limits the available forage for livestock, reduces grassland habitat areas, and creates an increased wildfire fuel load. Areas of brush encroachment will be treated with herbicide by the grazing tenant, District staff, or contractor then broken up using a tractor and drag bar the following season once they have dried. Critical areas of brush encroachment recommended for treatment are designated on the map in Figure 2 Objective 3: -Protect riparian and aquatic habitat. Prescriptions: Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat (i.e. standing water) is present. If vehicles must be used within 200 meters of a pond, the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red-legged frog. Continue to control cattle access to Lobitos Creek. Gates are currently in place to allow tenant access to adjoining property,across Lobitos Creek. The gates are to remain closed at all times unless the tenant is utilizing the crossing to move cattle from one pasture to another. Immediately upon completion of cattle movement, the gates are to be closed to restrict unsupervised cattle access to the streambed. Further determine locations where cattle frequent waterways, and assess natural resource impacts at these sites. Determine alternative access points and need for additional fencing. The majority of the Lobitos Creek riparian corridor is confined from livestock access as a result of a natural brush and vegetation barrier. Fencing may be required in the event that the brush barrier becomes breached by fire, trampling or other occurrences. As necessary, develop wildlife-friendly off-course water troughs and control cattle traffic using gates/fencing to avoid adverse impacts to ponds and streams. Potential water trough locations are designated in the map in Figure 1. Installation and placement of water troughs will be dependent upon available water on the property. Page 11 0 penSpace I Mudptnmsula Regtonal Open SPACe Olstr,Ct Objective 4. Develop or improve ranch infrastructure for livestock use and wildlife habitat. Prescriptions: 0 All ground-disturbing activities, including road maintenance projects, fencing installation, and other infrastructure improvements, should take place during the dry season(April 15-October 15). 0 All water improvements within the Purisima Creek watershed on the Elkus Uplands property shall be consistent with the Water Use Agreement between the District and UC. Since UC has retained all their Purisima water fights, this restriction means that the District is allowed to use and maintain the existing small ponds(Pond#1 and#2)but not develop any additional stock watering facilities. Ponds#3,4, and 6 will be maintained and improvements made to enhance habitat value and increase water holding capacity for livestock and wildlife drinking water once a biological assessment is completed and proper permits are obtained. Ponds containing threatened or endangered species or potential habitat for these species may be partially fenced to reduce the threat of trampling and to preserve an area of undisturbed vegetation to protect egg masses while still allowing livestock access for drinking water. Ponds will be assessed by a biologist and partial fencing of the ponds will be based on the vegetative diversity, habitat value, and species presence or non-presence in each pond. • Routine maintenance and habitat improvement projects at existing ponds shall be implemented by the tenant as needed, in exchange for rent credit. The District representative shall be informed in advance of all pond repair and maintenance projects. All major earth work projects(defined as those projects requiring use of large mechanized equipment such as a dozer or excavator,or those in which greater than 150 cubic yards of material is cut or filled)will require local,state, and federal permits. Minor earth work projects should be performed according to the Best Management Practices described in Appendix A. ° Assess corral area currently owned by UC Elkus and develop District lease with tenant to coincide with the UC Elkus lease for the corral area. Look at potential fencing needs to allow tenant access to corral facility. Look at developing a corral on Elkus Ranch Uplands or adjoining District owned lands to serve the Lobitos Ridge, Elkus Ranch Uplands and/or Blue Brush Canyon properties. Page 12 f Ai[bA�•i Open5pace I hltdpenin;uia RegaOf al OPtn Space L711toCS ° Work with tenant and/or contractor to repair perimeter fencing as needed. Existing perimeter fence is sufficient as per the current tenant. The perimeter fence between Elkus Ranch Uplands and the Guisti/Purisima Farms Uplands property (property bordering Elkus Ranch Uplands to the west) will be assessed thoroughly, taking into consideration the neighboring property owner's concerns regarding fencing. ° Work with UC and the grazing tenant to determine if a new fence is needed at or near the property line between Elkus Ranch Uplands and the UC Elkus 4-H Facility. If a new fence is required, determine the appropriate location or line for the fence installation. A natural brush barrier currently provides limited containment at this location. Construct the new fence using contractor or grazing tenant assistance if needed. Assess need for improvements to existing ranch roads including routine maintenance,culvert installation,brushing and grading. Determine whether all existing roads are needed,and if not, develop a decommissioning strategy. The District may perform this work or for the tenant y may opt p y p to perform minor grading and maintenance work in exchange for rent credit. ° The District shall install minor public access improvements such as self-closing gates and signage as may be desirable. Further infrastructure modifications needed for compatibility with public access should be addressed in the future Comprehensive Plan process. ° District staff will complete brush clearing and necessary grading to open the patrol access road from the UC Elkus Driveway to the nor thwest holding as P g pasture of the Elkus Ranch Uplands. After the access road is opened, District or tenant will maintain,brush and grade the access road. Additional Prescriptions Conduct all predator control according to District, local and state regulations. Problem animals interfering with livestock operations shall be handled through the District's Operations Department in cooperation with County Animal Control or the California Department of Fish and Game. Study the potential of incorporating the other Purisima to the Sea properties into this grazing unit and rangeland management plan, including Purisima Farm Uplands(250 acres)to the west; Identify necessary upgrades, costs,and benefits. Page 13 i OpenSpace I Midoonimula Regional Op"Spate District Grazing Operation Details This plan takes effect upon the Districts purchase of the Lobitos Ridge property from POST. The rangeland management will be conducted according to the Preliminary Use and Management Plan, of which this Rangeland Management Plan is a part. Lessees will operate under the Rangeland Management Plan and Grazing Lease, attached. Grazing practices shall conform to the Grazing Lease,University of California Cooperative Extension guidelines for Moderate forage utilization(residual dry matter at 800-1,000 lbs/acre), District Resource Management policies,and the animal units specified herein. These policies and practices not only guide the vegetation management by livestock,but also ensure the protection of the biological resources of the Elkus Ranch Uplands and Lobitos Ridge properties, including preservation of potential aquatic and upland habitats for California red-legged frog and San Francisco garter snake. Page 14 Open5pace Mttlpt-ninsula Regional Open Space Otjm4ct I APPENDIX A BEST MANAGEMENT PRACTICES Page 15 kw**At OpenSpace I Midpemnsula Regional Open Space District All Road/Infrastructure Maintenance and Repair Projects shall incorporate best management practices for erosion control from the District's Standards and Specification Guidelines. All such projects shall be planned and implemented by,or in cooperation with,the District. If implemented by the tenant (for rental credit), the District Representative shall ensure that the proposed project incorporates the appropriate BMPs for erosion control. Pre-construction Surveys Prior to any road or infrastructure improvement project, the project site will be surveyed by District biologists to determine if special-status species, or their habitat, is present. Construction in and around aquatic habitat is subject to additional restrictions, as described below. Maintenance/Improvement of Water Control Structures: 1) Periodic vegetation removal to maintain berm/dam integrity o Removal of woody vegetation should be done by hand crews using hand saws or chain saws. o All vegetation removal should occur during the months of August through October, or when seasonal ponds are dry. 2) Minor earth work to repair small erosion problems or leaks (Build-up of earthen berms to prevent future erosion or over-topping and to repair minor breaches or erosion in an otherwise sound berm and/or spillway structure). o All earth work should be carried out using hand tools or a small tractor. o All earth work should occur during the months of August through October, or when seasonal ponds are dry. o Imported or soil obtained on site may be used. Soils shall be carefully selected to minimize visual or ecological impacts. o All equipment should be staged in previously-disturbed areas and kept out of the pond basins to the maximum extent possible. o Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat(i.e. standing water) is present. If vehicles must be used within 200 meters of a pond,the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red- legged frog. o For minor earth work projects where permanent aquatic habitat is present within 200 meters (600 ft), a District biologist should be present for all work activities. The biologist will stop work if sensitive wildlife are present. A Service-approved biologist will remove the animal to a safe location, if required. I I Page 16 ii�FBa♦1 ©pen5pace 1 Mgdpenimula Regional Open Space Disrocz 3)Major earth work to substantially repair or rebuild breached or heavily deteriorated dams or spillways(See pond excavation and recontouring, below). Pond Excavation and Re-contouring Ponds that have become filled with sediment or have otherwise limited water- holding capacity should be excavated to restore ponding depth and duration. This action both increase livestock water availability and improves habitat for CRLF. This and other major earth work(such as major berm repair)would be conducted using an excavator or dozer. o All federal,state, and local permits must be obtained prior to implementation of major repair,excavation or re-contouring projects. A grading plan and permit will be required. Contact the District representative to begin the planning process. o If possible, the grading plan should provide for an as-built ponding depth of at least six feet. o If possible, the grading plan should provide for the recontouring of shallow `bench' habitat(maximum ponding depth<24 inches) around the pond margins. o All earth work should occur during the months of August through October,or when seasonal ponds are dry. o Worker environmental awareness training should occur prior to project implementation. o For those projects where permanent aquatic habitat is present within 200 meters (600 ft), a District biologist should be present for all work activities. The biologist will stop work if sensitive wildlife are present. A Service-approved biologist will remove the animal to a safe location, if required. o Excavated material should be hauled off-site or deposited locally in an area with minimal visual or ecological impacts. o All equipment should be kept out of the sensitive areas(except when required by project design). Pond Physical Inspections Pond physical condition inspections should occur every 1-3 years,preferably when the ponds are inundated to determine priority management projects and should include: o Berms, spillways,drain pipes,ponding depth, and condition of the adjacent uplands o Inspections for breaches, leaks, deteriorating berms,overgrowth of woody vegetation, impacts from excessive cattle trampling o Maintenance activities should be recorded in logbook or database. Page 17 NEGATIVE DECLARATION Elkus Ranch Uplands and Lobitos Ridge Properties Rangeland Management Plan Purisima Creek Redwoods Open Space Preserve San Mateo County,CA I August 2,2010 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 650-691-1200 Midpeninsula Regional Open Space District NEGATIVE DECLARATION A notice, pursuant to the California Environmental Quality Act of 1970, as amended (Public Resources Code 21,000, et seq.) stating that the following project: "Elkus and Lobitos Properties Rangeland Management Plan," when implemented,will not have a significant impact on the environment. PROJECT DESCRIPTION The proposed project consists of implementation of a ten-year Rangeland Management Plan(Plan)at the Elkus Ranch Uplands and Lobitos Ridge properties,which encompass 790 acres between Purisima and Lobitos Creeks in coastal San Mateo County,California(Figure 1). The properties were recently acquired by Midpeninsula Regional Open Space District(District)and are within the Coastside Protection Area,an area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades,originally dry-land farmed for grains and more recently utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the spring and summer months for at least 15 years. The properties provide valuable,regionally-limited habitat for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy (Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries,and four stock ponds provide potential breeding habitat for this species. Finally,grasslands,although heavily dominated by introduced pasture grasses,are relatively weed-free and can potentially be managed to i increase their native component. i i The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve,protect,and enhance the biotic values of the properties, while continuing to utilize the land as an agricultural resource. The Plan ensures progress towards this goal through the following objectives: 1) Maintain uninterrupted grazing following the principles of resource conservation grazing; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; 4) Improve water infrastructure for livestock use and wildlife habitat. Under the Plan,cattle would continue to be stocked by a grazing tenant and manager from approximately March (range preparedness)through August(forage decay)at a density of approximately 620 Animal Unit Months. The Plan requires monitoring of available forage through Residual Dry Matter performance standards to determine the length of the grazing season. Cattle may remain on the property through Fall to attain desired RDM levels, provided sufficient,off-stream livestock water is available. Further habitat protection and enhancement measures required by the Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian areas, an experimental pasture rotation to favor native annual plants,and enhancing livestock water availability and wildlife habitat in existing stock ponds. The Plan also includes improvements to existing ranch roads including routine maintenance,culvert installation,minor vegetation clearing,and grading. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects,as well as road projects adjacent to ponds or streams,incorporate specific prescribed Best Management Practices(BMPs)for work in or near aquatic habitats.These BMPs include habitat and species protection measures including seasonal limited operating periods,restrictions on the use of mechanized equipment, and biological monitoring.The Plan also incorporates best management practices for erosion control from the 2 District's Details and Specifications Guidelines. Federal, state,and local permits will be acquired for all major earth work projects(defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). The project is being carried out pursuant to the Service Plan for the Coastal Annexation Area located in San Mateo County(Service Plan). The Service Plan directs the District to focus its efforts in the Coastside Protection Area on the preservation and management of open space resources in order to protect watershed integrity and water quality; protect habitats for special-status species;provide visitor facilities for low-intensity recreation; and preserve existing and potential agricultural operations,among other goals. The Environmental Impact Report(EIR)for the Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into to the Service Plan pertaining to the use and management of the Elkus and Lobitos Ridge properties were adopted by the District Board of Directors in August,2009 and March,2010,respectively. In order to eliminate repetitive discussions of issues addressed in the EIR,this initial study and the proposed negative declaration are tiered off the EIR and focus on issues specific to this project. FINDINGS AND BASIS FOR NEGATIVE DECLARATION The Manager of the Planning Department of the Midpeninsula Regional Open Space District,based upon substantial evidence in the record, finds that: 1. The project will have no adverse affects on air quality,mineral resources,population and housing,greenhouse gas emissions,utilities and service systems,public services,or transportation/traffic because such impacts simply do not arise from the proposed project,given its minor nature and rural setting. 2. The project will not adversely affect aesthetics,biological and cultural resources,land use or public services, geology&soils,hazards and hazardous materials,hydrology and water quality,noise,or recreation. 3. The project will not: • Create impacts that degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community(excepting the targeted invasive plant species),reduce the number or restrict the range of a rare or endangered plant or animal,or eliminate important examples of the major periods of California history or prehistory,due to the project's scale and localized nature. • Create impacts that are individually limited,but cumulatively considerable,based on project-specific mitigations that reduce these impacts to a less than significant level. • Create environmental effects that would cause substantial adverse effects on human beings,either directly or indirectly. The refore,the Midpeninsula Regional Open Space District has determined that the project will have no significant P J g effect on the environment. RESPONSIBLE AGENCY CONSULTATION None INITIAL STUDY A copy of the initial study is attached. 3 REVIEW PERIOD The Review Period begins on June 23,2010 and ends on July 23,2010. If you have any comments about the Negative Declaration or Initial Study,have information that should be included,and/or disagree with the findings of our study as set forth in the proposed Negative Declaration,please submit your comments in writing no later than 5 p.m.on July 23,2010 to Midpeninsula Regional Open Space District,330 Distel Circle,Los Altos,CA 94022. CONTACT PERSON Lisa Bankosh Open Space Planner, 650-691-1200 Ana Ruiz,Planning Manager Midpeninsula Regional Open Space District �I 4 I, Midpeninsula Regional Open Space District INITIAL STUDY Project title: Elkus Ranch Uplands and Lobitos Ridge Properties Rangeland Management Plan Lead agency name and address: Midpeninsula Regional Open Space District 330 Distel Circle,Los Altos,CA 94022 j Contact person and phone number: Lisa Bankosh 650 691-1200 Project location: The Elkus Ranch Uplands and Lobitos Ridge Properties are located approximately 7 road miles south of the city of Half Moon Bay,approximately 1.5 miles east of SR 1 (Cabrillo Highway),within the Purisima Creek Redwoods Open Space Preserve,in unincorporated San Mateo County(Figure 1). Project APN: Portion of San Mateo County APN's 066-200-070;066-230-030 Project sponsor's name and address: Midpeninsula Regional Open Space District 330 Distel Circle,Los Altos,CA 94022 General plan designation: Agriculture Zoning: Planned Agricultural District/Coastal Development Description of project: (Describe the whole action involved,including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project consists of implementation of a ten-year Rangeland Management Plan(Plan)at the Elkus Ranch Uplands and Lobitos Ridge properties,which encompass 790 acres between Purisima and Lobitos Creeks in coastal San Mateo County,California(Figure 1). The properties were recently acquired by Midpeninsula Regional Open Space District(District)and are within the Coastside Protection Area,an area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades,originally dry-land farmed for grains and more recently utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the spring and summer months for at least 15 years. The properties provide valuable,regionally-limited habitat for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean)in wet years. California red-legged frogs occur in the creeks and their tributaries,and four stock ponds provide potential breeding habitat for this species. Finally,grasslands,although heavily dominated by introduced pasture grasses,are relatively weed-free and can potentially be managed to increase their native component. The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve,protect, and enhance the biotic values of the properties,while continuing to utilize the land as an agricultural resource. The Plan ensures progress towards this goal through the following objectives: 1) Maintain uninterrupted grazing following the principles of resource conservation grazing; 2) Control invasive plant species and agricultural weeds; 5 I 3) Protect sensitive riparian and aquatic habitats; 4) Improve water infrastructure for livestock use and wildlife habitat. Under the Plan,cattle would continue to be stocked by a grazing tenant and manager from approximately March(range preparedness)through August(forage decay)at a density of approximately 620 Animal Unit Months. The Plan requires monitoring of available forage through Residual Dry Matter performance standards to determine the length of the grazing season. Cattle may remain on the property through Fall to attain desired RDM levels,provided sufficient,off-stream livestock water is available. Further habitat protection and enhancement measures required by the Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian areas, an experimental pasture rotation to favor native annual plants,and enhancing livestock water availability and wildlife habitat in existing stock ponds. The Plan also includes improvements to existing ranch roads including routine maintenance,culvert installation, minor vegetation clearing,and grading. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects,as well as road projects adjacent to ponds or streams, incorporate specific prescribed Best Management Practices(BMPs) for work in or near aquatic habitats.These BMPs include habitat and species protection measures including seasonal limited operating periods,restrictions on the use of mechanized equipment,and biological monitoring.The Plan also incorporates best management practices for erosion control from the District's Details and Specifications Guidelines. Federal,state,and local permits will be acquired for all major earth work projects(defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). The project is being carried out pursuant to the Service Plan for the Coastal Annexation Area located in San Mateo County(Service Plan). The Service Plan directs the District to focus its efforts in the Coastside Protection Area on the preservation and management of open space resources in order to protect watershed integrity and water quality;protect habitats for special-status species;provide visitor facilities for low- intensity recreation; and preserve existing and potential agricultural operations,among other goals. The Environmental Impact Report(EIR)for the Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into to the Service Plan pertaining to the use and management of the Elkus and Lobitos Ridge properties were adopted by the District Board of Directors in August,2009 and March,2010,respectively. In order to eliminate repetitive discussions of issues addressed in the EIR,this initial study and the proposed negative declaration are tiered off the EIR and focus on issues specific to this project. Sources: Midpeninsula Regional Open Space District. San Mateo Coastal Annexation Area- Service Plan. Ibid. Details and Specifications Guidelines. September 2009. Ibid. San Mateo Coastal Annexation Draft Environmental Impact Report.June 2002 Ibid.GIS Vegetation Maps,Aerial Photographs,and Hydrological,Land Use and Geological Maps. Ibid. Elkus Ranch Uplands and Lobitos Ridge Properties Grazing Management Plan.August,2010. 6 �I i Other public agencies whose approval is required(e.g.,permits,financing approval,or participation agreement.) • United States Fish and Wildlife Service • California Department of Fish and Game • California Regional Water Quality Control Board • San Mateo County Document availability: All documents referenced in the Initial Study are available for review from 8:30 a.m. to 5:00 p.m. at the Mid peninsula Regional Open Space District office at the address listed above. Subsequent Actions: Upon certification of this negative declaration, the following actions will occur: • Adoption of Purisima Creek Redwoods Open Space Preserve Use and Management Plan amendment to incorporate the Rangeland Management Plan • Execution of Grazing Lease Agreement 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality tY ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards&Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ElMineral Resources ❑Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance I DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: [7� I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact" or"potentially significant unless mitigated" impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. 8/2/2010 Signature Date 8 ENVIRONMENTAL IMPACTS Less Than Significant Issues: Potentially with Less Than Significant Mitigation Significant 1. AESTHETICS Impact Incorporation Impact No Impact Would theproject: a) Have a substantial adverse effect on a scenic vista? 0 b) Substantially damage scenic resources,including,but not 0 Q limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality El 13 13 0 of the site and its surroundings? d) Create a new source of substantial light or glare which would [✓( adversely affect day or nighttime views in the area? The proposed project would maintain the existing environment and preserve scenic vistas. Portions of the ridgeline bisecting the project area are visible from SR i (Cabrillo Highway),a state scenic highway. Minor alterations to cattle stocking rates and timing of pasture use,as well as brief pond construction projects to improve livestock watering capacity and improve habitat for wildlife,will be implemented as part of the Rangeland Management Plan. These changes are minor and brief in nature and do not represent substantial changes to scenic views from SR 1. The proposed project would preserve the visual character and quality of the site by maintaining the existing environment as an open space preserve. No new sources of light or glare will result from the project. Less Than Significant II.AGRICULTURE RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Convert Prime Farmland,Unique Farmland,or Farmland of [� Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use,or a El El El Q Williamson Act contract? c)Conflict with existing zoning for,or cause rezoning of,forest El El E3 2 land (as defined in Public Resources Code section 12220(g)), timberland(as defined by Public Resources Code section 4526),or timberland zoned Timberland Production(as defined by Government Code section 51104 ? d) Result in the loss of forest land or conversion of forest land to Q non-forest use? e) Involve other changes in the existing environment which,due E3 ❑ Q to their location or nature,could result in conversion of Farmland,to non-agricultural use or conversion of forest land to non-forest use? According to the California Department of Conservation's Farmland Mapping and Monitoring Program(FMMP) 2008 update, the project area does not contain Prime Farmland, Unique Farmland or Farmland of Statewide Importance (although approximately 7 acres of Prime Farmland, subject to management under the District's forthcoming Agricultural Management Plan, occurs on the Lobitos Ridge property just west of the project area). Approximately 472 acres are shown in the FMMP as suitable for grazing, with the balance shown as "other lands" comprised of steep scrublands. Although some of these lands suitable for grazing may have been dry farmed historically,these lands are currently fallowed with no obvious infrastructure present. No land subject to a Williamson Act contract occurs in the project area. The existing agricultural land use of cattle ranching will not be impacted by the project. As a result of the proposed pond improvements,cattle access to the pond and the 10 availability of water is expected to improve. Source: California Department of Conservation.Farmland Mapping and Monitoring Program maps for San Mateo County. 2004. http://www.consrv.ca.gov/dlrp/fmmp. III. AIR QUALITY Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the fono ing determinations. Less Than Significant Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Conflict with or obstruct implementation of the applicable Q air quality plan? b) Violate any air quality standard or contribute El 11Q substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any �( criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number El 0 Q of people? The project will not obstruct implementation of any applicable air quality management plans. Vehicle emissions generated from small projects to enhance grazing infrastructure,such as fencing installation and pond maintenance projects,will be minor and brief. Since each construction site is small-scale in nature,any potential dust emissions resulting from the individual site project would be localized and limited to the short-term construction period. The project does not involve an increase in motor vehicle operation,often a significant contributor to ozone pollution level violations. The project would therefore not contribute substantially to projected ozone violations due to vehicle emissions. Pollutant concentrations will be low and temporary, restricted primarily to construction seasons as projects get implemented, moreover given the fact that this area is closed,no sensitive receptors will be exposed. No objectionable odors are expected. Source: Bay Area Air Quality Management District.Ambient Air Quality Standards and Bay Area Attainment Status .http://www.baagmd.gov/planning/resmod/baas.htm.January 2002. IV. BIOLOGICAL RESOURCES a) Have a substantial adverse effect,either directly or (� through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? Grassland dominated by wild oat(Avena fatua),ripgut brome(Bromus diandrus),and soft chess(B. hordeaceus) is the most common plant community in the project area. These grasslands are typical of grazed pastureland in the coastal zone,which support dense growth of annual grasses in the winter andspring months. Native 11 it perennial grasses can persist in undisturbed areas or on steep,thin,less productive soils. On both Elkus Ranch Uplands and Lobitos Ridge,grasslands are underlain by fertile clay soils,were likely tilled in the past,and have supported grazing operations for some time; significant stands of native grasses were not observed. No intact coastal prairie remains on the properties due to prior tillage. Mesic coastal scrub dominate by coyote brush(Baccharis pilularis),California blackberry(Rubus ursinus), ocean spray(Holodiscus discolor),and poison oak(Toxicodendron diversilobum) form the most abundant of the shrub-dominated habitats in project area,while arroyo willow scrub and red alder riparian forest comprise key sensitive habitat areas. Arroyo willow scrub occurs on the upper tributaries to Purisima Creek and on three tributaries to Lobitos Creek; approximately 21 acres of this habitat type are mapped on the property. Arroyo willow(Salix lasiolepis)is frequently the sole dominant here,although red elderberry(Sambucus racemosa var. racemosa)is a common component of the dense overstory. Riparian habitat is well-developed along Lobitos Creek and is classified as red alder riparian forest;red alder(Alnus rubra)is the dominant here,with arroyo willow and big leaf maple(Acer macrophyllum)also present. Special-Status Plant Species No plant species listed as Threatened or Endangered by the state or federal Endangered Species Acts were observed or are expected to occur in the project area. Mesic deciduous shrubland,which occurs on steep,north- facing slopes in the project area,could support western leatherwood(Dirca occidentalis),which is considered extremely rare(List 1 B.2)by the California Native Plant Society(CNPS). CNPS-listed plant species potentially occurring within Coastal Scrub on the two properties include California androsace(Androsace elongate ssp. acuta;CNPS 4.2),coast rock cress(Arabis blepahrophylla; CNPS 4.3),Kellog's horkelia(Horkelia cuneata ssp. sericea;CNPS 1B.1), San Mateo tree lupine(Lupinus eximius, CNPS 3.2),Choris's popcorn-flower (Plagiobothrys chorisianus var. chorisianus;CNPS 1B.2),and coastal triquetrella(Triquetrella californica; CNPS List 1B.2). No impacts to coastal scrub or mesic deciduous scrubland will result from the Plan. Special-status plants potentially associated with the grassland community in the project area include Coast yellow leptosiphon(Leptosipon croceus; CNPS List 1 B.1),and Gairdner's yampah(Perideridia gairdneri; CNPS List 4.2). Grazing management activities,including pond and infrastructure maintenance and improvement projects,occur primarily within grassland and could potentially impact these species,if present. However, the lack of intact coastal prairie likely precludes the occurrence of these species, and neither coast yellow leptosiphon or Gairdner's yampah were observed during blooming-period surveys of the ponds and ranch roads. Best Management Practices required by the Plan include pre-construction surveys by a District botanist prior to ground-disturbing activities,if suitable habitat for special-status plants is present. Based on these factors,no direct or indirect impacts to special-status plants are expected to result from the project. Special-Status Animal Species Special-status animal species that occur,or have the potential to occur,within the project area include: California red-legged frog(CRLF), San Francisco garter snake(SFGS),Western pond turtle(WPT),dusky-footed woodrat, and steelhead trout. Baseline routine ranching activities in the project area are typical of a coastal San Mateo County grazing operation,and include regular use of roads by trucks and other vehicles,and All Terrain Vehicle activity off the roads;minor road grading,maintenance,and repair;erosion control; fence installation and repair; vegetation management;including herbicide application and mowing;supplemental feeding;and cattle roundup and movement through the pastures.Cattle have had and will continue to have access to ponds. The Plan does not change or increase this level of access or potential impacts to aquatic habitat. Wooded and riparian habitat along drainages is,in general,not heavily impacted by cattle due to inaccessibility;however,stream,crossings have been and will continue to be used by cattle. Continuation of the existing grazing activity would not increase the risk to listed species in the project area,and implementation of the Rangeland Management Plan, which prioritizes resource conservation, is intended to improve habitat quality. Special-status species are 12 discussed individually below. i California red-legged frog(Rana draytonii) Status,Distribution, and Habitat Requirements The California red-legged frog(CRLF)(Rana draytonii)is federally-listed as threatened and is designated as a California species of special concern. The CRLF is distributed throughout 26 counties in California,but is most abundant in the San Francisco Bay Area.California red-legged frogs predominately inhabit permanent water sources such as streams,lakes,marshes,natural and manmade ponds,and ephemeral drainages in valley bottoms and foothills up to 1,500 meters in elevation. This species breeds between November and April in standing or slow moving water at least 0.7 meters(2'/z feet)in depth with emergent vegetation, such as cattails(Typha spp.), rules(Scirpus spp.)or overhanging willows(Salix spp.). Egg masses containing 2,000 to 5,000 eggs are attached to vegetation below the surface and hatch after 6 to 14 days.Larvae undergo metamorphosis 3%2 to 7 months following hatching and reach sexual maturity 2 to 3 years of age. In a study of California red-legged frog terrestrial activity in the Santa Cruz Mountains,Bulger(2003) categorized terrestrial use as migratory and non-migratory. Migratory movements(characterized as the movement between aquatic sites and most often associated with breeding activities)last from one to several days and are associated with precipitation events.Non-migrating frogs typically stayed within 60 meters(200 feet)of aquatic habitat 90%of the time and were most often associated with dense vegetative cover,i.e. California blackberry,poison oak and coyote brush. Critical Habitat Critical habitat for the California red-legged frog was designated in 2006 and revised in 2010. The nearest critical habitat to the project site(Unit SNM-2)is situated approximately 0.5 miles to the southeast. This project does not result in impacts to this critical habitat. Occurrence in the Project Area California red-legged frog was observed in a tributary to Lobitos Creek,on the Lobitos Ridge property,in 2009. Pond 6,a permanent pond in a tributary to Purisima Creek,currently provides suitable breeding habitat,and the extensive riparian forest and mesic habitats adjacent to it provide high-quality upland habitat for this species. CRLF may also traverse grasslands and other open areas,particularly during rain events early in the rainy season and during their spring dispersal period. The five seasonal ponds on the property do not hold water long enough into the dry season to provide suitable breeding conditions for CRLF. Although individual frogs could currently utilize these ponds for foraging or sheltering habitat during the winter, their potential as breeding habitat should be improved by increasing the duration of ponding. Ponds must hold water at least through August to ensure successful metamorphosis. Projects to increase ponding duration(via clay lining,enlarging,or dredging)are prescribed by the Plan. As a result of these projects,habitat suitability for CRLF on the project area is expected to increase over the lifetime of the Plan. Because CRLF are assumed to occupy the project area,Best Management Practices(BMPs)measures have been incorporated into the Plan that will reduce the potential to affect this species to a less than significant level. These BMPs include: o Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat(i.e. standing water)is present. If vehicles must be used within 200 meters of a pond,the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red-legged frog. o For projects in or near aquatic habitat,all earth work would occur during the months of August through October,or when seasonal ponds are dry. o All ground-disturbing activities,including road maintenance projects, fencing installation,and other infrastructure improvements, will take place during the dry season(April 15-October 15 . 13 o For those projects where permanent aquatic habitat is present within 200 meters(600 ft),a District biologist would be present for all work activities. The biologist will stop work if sensitive wildlife are present. A U.S Fish and Wildlife Service-approved biologist will remove the animal to a safe location, if required. o Worker environmental awareness training would occur prior to implementation of projects in or near aquatic habitat. o All federal,state, and local permits will be obtained prior to implementation of major repair, excavation or re-contouring projects. San Francisco garter snake (Thamnophis sirtalis tetrataenia) Status, Distribution, and Habitat Requirements The San Francisco Garter Snake(SFGS)is federally and state-listed as endangered and is a fully protected species under Section 5050 of the California Fish and Game Code. An aquatic subspecies of the common garter snake and endemic to the San Francisco Bay Area, SFGS are distributed along the western San Francisco Peninsula from the southern San Francisco County border south to Waddell Lagoon south of Ano Nuevo and as far east as the Crystal Springs Reservoir Watershed. SFGS often occurs with its primary prey species,the CRLF; however,it will opportunistically prey on a variety of species including other frogs,tadpoles, egg masses,newts, small fish, salamanders,reptiles,small mammals,birds and their eggs and several small invertebrates. Preferred habitat for SFGS is comprised of densely vegetated areas close to water where the snake can retreat when disturbed.The species often occurs near ponds,marshes,streams and other wetlands associated with cattails(Typha spp.),bulrushes(Amphiscirpus,Bolboschoenus,Isolepis, Schoenoplectus and Trichophorum spp.)and rushes(Juncus and Eleocharis spp.). Mating occurs shortly after they leave their winter retreats in May and females give birth to live young between June and September. Species may hibernate near the coastal areas in fossorial mammal burrows and other refuges,or remain active year-round,weather permitting. i Critical Habitat Critical habitat has not been designated for SFGS. Occurrence in the Project Area Within the project area,Pond 6 provides potential habitat for SFGS: Pacific tree frogs,a primary prey species, breed in the pond,and habitat conditions are suitable for breeding by CRLF, another important prey species.The adjacent grasslands and open scrub provide suitable habitat for basking and cover,and nearby permanentpo nds (off the subject properties)provide the metapopulation matrix thought to be required for this species. Additional surveys and analysis is necessary to determine the status of SFGS on the properties. Although habitat within the project area is suitable for the SFGS,this species appears to be patchily distributed within its range and additional surveys are needed to determine its status on Elkus Ranch Upland and Lobitos Ridge. However,BMPs incorporated into the project(listed under CRLF,above)will reduce the potential to affect SFGS to a less than significant level in the event that they do occur. With the implementation of these BMPs the project is not expected to result in harm,harrassment, injury,or mortality to the SFGS or adversely affect its potential habitat. Furthermore,pond improvement projects are expected to increase habitat suitability for SFGS in the project area. San Francisco dusky-footed woodrat(Neotoma fuscipes annectens) The San Francisco dusky-footed woodrat is a state species of concern. Woodrats are small mammals that build nests made of sticks,typically at the base of trees and shrubs.The species prefers forested habitat with a moderate canopy and brushy understory,particularlyon the upper banks of riparian forests or withinpoison-oak 14 dominated shrublands.The dusky-footed woodrat is known to feed on a variety of woody plants, fungi,flowers and seeds.Activities associated with the Grazing Management Plan are located primarily in open pasture and pond sites,which are not preferred habitats for this species. The project is therefore not expected to result in impacts to San Francisco dusky-footed woodrat. Steelhead trout(Oncorhynchus mykiss) I Status,Distribution, and Habitat Requirements Steelhead trout are an anadromous form of rainbow trout that spend part of their lives in the ocean before returning back to streams to spawn. Steelhead range from Alaska to Southern California. Steelhead trout are federally listed as threatened within the Central California Coast ESU, including San Mateo County. Steelhead are an anadromous(ocean going)species that begin life in San Mateo County coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Small"fry"emerge from the gravels and then grow in the stream typically for one to three years.Juvenile"smolts"out-migrate into the ocean during the spring and early summer where they spend between one and four years before returning to their natal stream to spawn. Unlike Coho salmon,steelhead do not necessarily die after spawning,but may once again move back to the ocean and return again to spawn. Occurrence in the Project Area Various life-stages of rainbow trout,the non-migratory form of O. mykiss,have been observed in both Purisima and Lobitos Creeks. Purisima Creek is inaccessible to migratory fish due to a 30 foot waterfall at the Pacific Ocean;however,due to stocking in the early 1900's,Purisima Creek apparently now supports a self-sustaining population of resident rainbow trout. The Department of Fish and Game(DFG)considers the Highway 1 and Verde Road crossings of Lobitos Creek to be total passage barriers to anadromy. DFG records indicate that rainbow trout have been stream-reproducing in Lobitos Creek since the 1920's; O. mykiss was reportedly stocked in the creek during that time period. A 1975 survey report states,"Lobitos Creek presently supports a minimal rainbow trout/steelhead resource. Steelhead usage appears to be restricted to the lowermost 0.2-mile reach because of fish passage problems." However,recent surveys(2006)by DFG revealed multiple O. mykiss year classes upstream from the Highway 1 crossing; it is likely that Steelhead gain access to Lobitos Creek during wet years when heavy flows in the downstream culverts permit passage. Habitat protection measures prescribed by the Rangeland Management Plan, including preventing or controlling cattle access to creeks and riparian areas,are expected to reduce erosion and sedimentation in Lobitos Creek, increasing habitat quality for Steelhead. The Rangeland Management Plan requires that all road maintenance, pond repair, and other grazing infrastructure improvement projects incorporate BMPs for working in or near aquatic habitat. The potential for the project to negatively impact steelhead is therefore considered less than significant. b) Have a substantial adverse effect on any riparian habitat 13 2 El or other sensitive natural community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected El Q 13 wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.) through direct removal,filling,hydrological interruption,or other means? 15 Sensitive natural communities are those that are considered rare in the region,support special-status plant or wildlife species,or receive regulatory protection(i.e. critical habitat designated by the USFWS under the Endangered Species Act, §404 of the Clean Water Act, and/or the CDFG§1600 et seq. of the California Fish and Game Code). The California Natural Diversity Database has also designated a number of natural communities as rare. Riparian habitats are considered to be sensitive and declining resources by CDFG and the USFWS. Grazing infrastructure improvement projects will occur during the dry season and will not adversely affect riparian areas,sensitive natural communities,or wetlands. Furthermore,the Plan incorporates projects designed to benefit these habitats by providing for their long term integrity through pond berm repair,recontouring and spillway improvements. Habitat suitability for sensitive species will be improved through enhanced duration of ponding(permitting red-legged frog metamorphosis)and installing livestock fencing around riparian areas. Culvert installation and other roadway improvements will be designed to avoid,to the maximum extent possible, any construction-phase or use-related erosion and sedimentation into aquatic habitat,and will incorporate best management practices for erosion control from the District's Details and Specifications Guidelines. According to these guidelines,all projects will be designed to maintain hydrologic connectivity of streamcourse and wetland areas and,where possible,will incorporate landform restoration to restore natural hydrological atterns. d) Interfere substantially with the movement of any native [( El resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? As discussed in Section IV-a,native and migratory fish populations are currently known to inhabit Lobitos and Purisima Creeks,which form the northern and southern boundaries of the project site.Based on aquatic and riparian habitat protection measures prescribed by the Plan,the project is expected to result in improved habitat and water quality in the creeks. No grazing infrastructure maintenance and improvement projects will impede fish movement or the use of nursery sites within the creeks. e) Conflict with any local policies or ordinances protecting El El El 10 biological resources,such as a tree preservation policy or ordinance? The project will not conflict with local policies or ordinances protecting biological resources.No significant or heritage trees will be removed as a part of the Plan. f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑ 0 Conservation Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservationplan? No habitat conservation plan,community conservation plan or local,regional,or state habitat conservation plan has been developed for this area. Sources: California Department of Fish and Game(CDFG).State and Federally Listed Endangered and Threatened Animals of California. California Natural Diversity Database.Habitat Conservation Division.Wildlife and Habitat Data Analysis Branch. October,2006 Biosearch Associates. California red-legged frog surveys and pond assessment for Purisima-to-Sea Properties,San Mateo County. July 2009. Bulger,J.B.,N.J.Scott Jr.and R.Seymour.Terrestrial Activity And Conservation Of Adult California Red-Legged Frogs Rana Aurora draytomi In Coastal Forests And Grasslands. Biological Conservation.Vol.110:pp.85-95.2003. United States Fish and Wildlife Service,Recovery Plan for the California Red-Legged Frog,2002.Available online at: (http://ecos.fws.gov/docs/recovery_plan/020528.pdf) United States Fish and Wildlife Service,Recovery Plan for the San Francisco Garter Snake,1985.Available online at: (http://ecos.fws.gov/docs/recovery_plan/85091 I.pdf) United States Fish and Wildlife Service,Species Profile for the California Red-Legged Frog accessed online: (http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=D02D),accessed August 2009. 16 I i Midpeninsula Regional Open Space District,Department of Fish and Game 5-year Memorandum of Understanding,Routine Maintenance,Attachment B,Best Management Practices and Standard Operating Procedures for Routine Maintenance Activities in Water Courses 2007.Available upon request from Midpeninsula Regional Open Space District Tibor,D.P.(ed.).2001.Inventory of rare and endangered vascular plants of California. California Native Plant Society Special Publication No.I [6th edition].California Native Plant Society,Sacramento,CA. California Department of Fish and Game. List of California Terrestrial Natural Communities Recognized by the Natural Diversity Database. September 2003. Less Than Significant V. CULTURAL RESOURCES Potentially with Less Than Significant Mitigation Signiticant Would theproject: Impact Incorporation Impact No Impact a) Cause a substantial adverse change in the significance of a ri historical resource as defined in§ 15064.5? b) Cause a substantial adverse change in the significance of �( an archaeological resource pursuant to§ 15064.5? c) Directly or indirectly destroy a unique paleontological Q resource or site or unique geologic feature? d) Disturb any human remains,including those interred Q13 outside of formal cemeteries? No structures occur within the project area. A historic farmhouse, located on the Lobitos Ridge property just west of the project area, is not subject to the Plan. The project would therefore not result in impacts to historic resources. Surficial surveys conducted within specific project areas for pond maintenance and improvement actions failed to locate any archeological or paleontological resources or unique geologic features. Due to the lack of significant vegetative cover and the disturbed nature of the soil surrounding the stockponds, it is likely that such features would have been observed,if present. Although the possibility of subsurface cultural resources exists,because specific project areas were previously disturbed during initial construction,ground disturbance is unlikely to yield any undiscovered resources In the unlikely event that a cultural resource is located during routine ranch operations or construction of infrastructure improvement projects,the Standard Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials(Service Plan implementation action G.6R(i))will reduce potential impacts to a less than significant level. Similarly, in the unlikely event that human remains are encountered during routine operations or construction,the Native American Burial Plan(Service Plan implementation action G.6S(i))will reduce impacts to a less than significant level. Sources: Midpeninsula Regional Open Space District. San Mateo Coastal Annexation Area-Service Plan(Native American Burial Plan,Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials). 17 I Less Than Significant VI. GEOLOGY AND SOILS Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a)Expose people or structures to potential substantial El El Q El adverse effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault,as delineated ❑ ElQ on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ iii)Seismic-related ground failure,including Q ❑ liquefaction? iv)Landslides? ❑ ❑ Q 11 The proposed project is located within a near-wilderness,unpopulated setting.There are no manmade structures within the area of impact. Routine ranch operations and grazing infrastructure improvement projects require the occasional presence of the ranch manager and,potentially,a crew. Because they will be operating in an open grassland and forest area as opposed to a heavily urbanized area with buildings,the likelihood for substantial adverse effects to people in the event of a surface fault rupture,ground failure or landslide during the project activities is unlikely. The La Honda Fault crosses the easternmost portion of the Lobitos Ridge property in a north/south direction. Other active faults in the vicinity of the project area are the San Gregorio and Pilarcitos faults,which are located approximately 2 miles west and 3 miles east,respectively. Although there is the potential for on-site fault rupture or severe ground shaking during a large magnitude earthquake,these risks are considered negligible and highly unlikely in the project area during project construction. A project location in an unpopulated setting having no overhead hazards,and where no new roads,trails or structures are proposed will prevent exposure of people or structures to potential substantial adverse effects,including the risk of loss, injury, or death from rupture of a known earthquake fault. According to the Association of Bay Area Governments online liquefaction map,and San Mateo County Hazard and Mitigation maps,the project area has a very low potential to experience liquefaction. Although the proposed project is located in an area where landslides may occur,the project is not expected to increase the potential for landslides.Roadway and pond maintenance projects are expected to reduce the possibility of future slumping of material into creeks and drainages on site. Furthermore, all major earthwork projects will be designed by a qualified Certified Engineering Geologist,with cut,fill,and grading of material implemented in a manner avoiding the potential for landslide.Work will be conducted during the dry season to reduce the possibility of a rain driven landslide event. b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ Q c) Be located on a geologic unit or soil that is unstable,or ❑ ❑ Q ❑ that would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence liquefaction or collapse? 18 d) Be located on expansive soil,as defined in Table 18-1-B of [� the Uniform Building Code (1994),creating substantial risks to life or property? d) Be located on expansive soil,as defined in Table 18-1-B of Q the Uniform Building Code(1994),creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of R1 septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The project would continue existing grazing use of the project area. The Plan establishes conservative livestock stocking rates and requires monitoring of Residual Dry Matter to ensure adequate vegetative cover and prevent overgrazing,to avoid the potential for increased erosion. Fences,dense vegetation,and steep rugged slopes prevent livestock access to most of the project area creeks and streams,reducing the potential for sedimentation into watercourses. Furthermore, aquatic habitat protection measures will be implemented as part of the Plan. In general,the existing seasonal ranch roads on and accessing the property are in good condition and do not show signs of significant soil erosion. Road maintenance will be performed according to District Standards for Erosion Control and will incorporate Best Management Practices for work near aquatic habitats,when applicable. Work will be conducted during the dry season to reduce the potential for soil erosion or downstream movement during the rainy season. Finally,the project is not located on a geologic unit or soil that is unstable, expansive or located on landslide,lateral spreading,subsidence, liquefaction or collapse prone soils.Primary soils at the site are loam or clay-loam soils of the Gazos and Lobitos series. No septic tanks or alternative waste water disposal systems will be installed as part of the project. Sources: California Division of Mines and Geology CD-ROM 2000-004(2000).Official Map of Alquist-Priolo Earthquake Fault Zones,Half Moon Bay Quadrangle.1974,revised 2000. Association of Bay Area Governments,online liquefaction map.(http://www.abag.ca.gov/bayarea/egmapsAiquefac/bayaligs.gif)accessed online August 2009. United States Geological Survey.Half Moon Bay,Woodside 7.5-minute series quadrangle maps. 1991. Less Thaa Significant VH. GREENHOUSE GAS EMISSIONS Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a)Generate greenhouse gas emissions,either directly or Q indirectly,that may have a significant impact on the environment? The project would not allow public access to the project area and therefore will not increase vehicular traffic to and from the site. Cattle ranching currently exists at the site and the project does not increase the amount of land proposed for grazing. Cattle are emitters of methane gas,a contributor to greenhouse gases(GHGs). The number of cattle on the site will be limited based on the prescriptions listed in the Plan,therefore there will be no increase in cattle grazing as part of the project. Minor improvements to the site to enhance grazing infrastructure,such as fencing installation and pond maintenance projects,will be minor and brief. To decrease the potential effects of climate change,California has enacted regulations such as the Global Warming Solutions Act of 2006(Assembly Bill 32)to decrease emissions of CO2 and other GHGs. The Scoping Plan for AB 32 includes voluntary actions that private and public landowners can implement to reduce GHGs. These voluntary actions include conserving biodiversity,providing recreation,promoting sustainable forest management,and utilizing fuel management strategies that can potentially reduce the risk of catastrophic fire. 19 The District's mission is "To acquire and preserve a regional greenbelt of open space land in perpetuity;protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education." By buying and protecting open space lands in perpetuity,the District is preventing land use conversion from open space into developed land. Catastrophic wildfires may cause a decline in the carbon sink of forests,which are located in proximity to the project site. The District implements practices to manage wildland fuels and reduce fire hazards,including the use of conservation razor* . b)Conflict with an applicable plan,policy or regulation [JJ adopted for the purpose of reducing the emissions of greenhousegases? The Range Management Plan does not conflict with an applicable plan,policy,or regulation aimed at reducing GHGs. Sources: East Bay Regional Park District Carbon Sequestration Evaluation. 2008. Prepared by ICF Jones&Stokes for East Bay Regional Parks District,Oakland,CA. California Air Resources Board. 2008. Climate Change Proposed Scoping Plan: a framework for change.Available: http://www.arb.ca.gov/cc/scovingplan/documentladopted seoping Rian.odf. Sacramento,CA. Less Than Significant VHI. HAZARDS AND HAZARDOUS MATERIALS Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Create a significant hazard to the public or the 21 ❑ environment through the routine transport,use,or disposal of hazardous materials? The proposed project does not include the routine transport,use,or disposal of hazardous materials that would result in a significant hazard. Following approval by the District's Range Ecologist,small quantities of common pesticides used in grazing operations may be used by the grazing operator or contractor. All such use would be in compliance with all herbicide application regulations and would follow the District Pest Control Recommendation. The quantity and location of all pesticide use would be reported to the District and the County on a monthly basis.Minor improvements to the site to enhance grazing infrastructure, such as fencing installation and pond maintenance projects,will be minor and brief and require few vehicles and equipment and will be used for a short duration of time. Vehicle emissions and dust generated from project construction are considered less than significant due to the small scale and short duration of each improvement. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous j materials into the environment? Under the Grazing Lease,the grazing operator or contractor is required to follow all necessary regulations involved in the transportation and storage of hazardous materials. Public access is not currently allowed at the project site and no change to public access is proposed as part of the Rangeland Management Plan. In the event an unintended spill or other hazardous material incident occurs,District Rangers trained in first aid will be available as first responders to potential emergencies,until a hazardous materials team can arrive.The District's radio and repeater system together with ranger and staff availability on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a hazardous materials emergency. c) Emit hazardous emissions or handle hazardous or acutely Q hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? 20 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ❑ ❑ ❑ Q where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project p '� result in a safety hazard for residing or people g working in the project area. f) For a project within the vicinity of a private airstrip, ❑ ❑ ❑ Q would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or interfere with an physically adoPted emergency response plan or eme rgency enc Y evacuationplan? There are no schools within a quarter mile of the project area. Due to the rural character of the project area,the distance to neighboring structures,and the minimal amount of hazardous materials that will be used as a result of the project,adjoining landowners will not be affected by hazardous materials involved with the project.The project is not located on a known hazardous p ) a dous materials site. The project is not located within an area affected P l by an airport land use plan or within two miles of an airport.The project is not located within the vicinity of a J tY private airstrip. Project implementation will not interfere with any emergencyres onse plans, or evacuation plan. h) Expose people or structures to a significant risk of loss, ❑ Q ❑ injur y ry or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? According to the California Department of Forestry and Fire Protection,the project area is located in both a moderate and high fire hazard zone,based on vegetation type(fuel loading),slope and weather.This designation notwithstanding,the project would not change the degree of exposure to wildfires.The ongoing grazing operation on the project site reduces the fire risk through reduction in wildland fire fuels. Equipment operation has the potential to ignite fires;however adequate fire suppression tools including an ABC" fire extinguisher and hand tools will be required on site during the project to extinguish any accidental ignitions. During periods of high fire danger,no vehicles having catalytic converters shall be allowed off of established roadways. In addition,District Ordinance 93-1, Section 404,prohibits fires and smoking on District lands. District Rangers trained in fire-fighting techniques and carrying fire suppression equipment regularly patrol the Preserve.District staff are often first responders to fire emergencies,with the primary fire protection falling to the California Department of Forestry,County Fire Departments,and municipal fire protection agencies. The District's radio and repeater system together with ranger patrols and staff on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a wildland fire or emergency response call. Sources: Google Maps.www.google.com/maps.Search of project site and school locations.Information accessed on September 21,2009. Midpeninsula Regional Open Space District.Regulations for Use ofMidpeninsula Regional Open Space District Lands. Adopted by Ordinance No.93-1,July 28, 1993.Last Revised and Adopted by Ordinance No.04-01,August 25,2004 21 Less Than Significant IX. HYDROLOGY AND WATER QUALITY potentially With Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Violate any water quality standards or waste discharge [,7� requirements? No actions are planned as part of the project that could violate water quality standards or waste discharge requirements. Nutrient and pathogen pollution from livestock animal waste can result from rangeland grazing, but most often occurs when livestock are confined and animal wastes are concentrated. The Plan sets the stocking rates and includes prescriptions for rotations to prevent overconcentration of cattle at the site. Cattle access to waterways will continue to be controlled. The Plan includes fencing locations where cattle frequent waterways to prevent uncontrolled livestock usage of riparian areas. Any infrastructure improvements or other ground-disturbing activities are minor and brief and in nature and will be done followingBMP's per the Plan. b) Substantially deplete groundwater supplies or interfere [� substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No depletion in groundwater or recharge is expected to occur,although pond improvements that increase pond ng duration may result in a slower recharge locally at a pond site. In addition,springs may be further developed to increase water cachement to augment existing livestock water supply. These improvements and minor,however,and would not have substantial effects on groundwater suppl or rechar c) Substantially alter the existing drainage pattern of the site El Q or area,including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? Pond improvement projects are designed to provide livestock with a longer-duration water source,reducing the need to water cattle in project area creeks. This action is expected to reduce erosion and sedimentation from the existing condition. Best Management Practices incorporated into the Plan will minimize the chance for construction-phase impacts to water quality: all project work will be completed during the dry season, and any disturbed soil will be revegetated with native plants prior to the rainy season to reduce the potential for sediment transport and run off to enter waterways. Furthermore,all road maintenance and improvement projects will be performed according to the District's Details and Specifications Guidelines,which require that all projects maintain hydrologic connectivity of streamcourse and wetland areas,and when possible,incorporate landform restoration to restore natural hydrological patterns. d) Substantially alter the existing drainage pattern of the site [� or area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Infrastructure improvements designed to increase alternative sources of livestock drinking water will be minimal and will not cause a significant impact to hydrology patterns or an increase in surface water runoff that would result in flooding.No rivers or streams will be altered as a result of the project. Any future projects to divert or store streamwater from Lobitos Creek would be subject to all applicable permits and further CE A review. J PP p Q Prescriptions from the Plan such as pond improvements are designed to reduce sedimentation and erosion through berm repair,pond recontouring,and spillway improvements. Culvert installation and other roadway improvements will be designed to avoid, to the maximum extent possible,any construction-phase or use-related erosion and sedimentation into watercourses. 22 e) Create or contribute runoff water which would exceed the ❑ ❑ ❑ [� capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ Q g)Place housing within a 100-year flood hazard area as ❑ ❑ ❑ [� mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ ❑ �( ❑ which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, ❑ ❑ [� ❑ injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ Q The ponds are used for watering purposes and not human consumption so no existing stormwater drainage systems are in place. No housing is associated with the project,and no housing will be placed in the 100 year floodplain as a result of the project.The proposed project is located in a grassland and forest setting with no manmade structures within the area of impact. Due to the project location,no risk of inundation from seiche, tsunami or mudflow is expected to occur. Due to the small size of the ponds, and remote location,there is no significant risk of human injury or death from downstream flooding.Any downstream sediment or water inundation would dissipate locally within the Preserve before reaching a populated area or public road system. Roadway and pond improvement projects are expected to reduce the possibility of erosion and flooding. Work will also be conducted during the dry season which will reduce the possibility of a flooding event during construction activities. Less Than Significant X.LAND USE AND PLANNING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Physically divide an established community? ❑ ❑ ❑ Q b Conflict with an applicable land use plan,policy,or regulation of an agency with jurisdiction over the project El ❑ El 0 (including,but not limited to the general plan,specific � g� g P � P plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ Q natural community conservationplan? The project is located in a rural setting and does not physically divide an established community.The project is consistent with the San Mateo County General Plan in that the Preserve is designated General Open Space and Agricultural/Grazing Lands. The agricultural/grazing designation allows for cattle grazing.Therefore, current and future use of the land for cattle usage remains consistent with San Mateo County's General Plan. No applicable habitat conservation plan or natural community conservation plan is in place for the project location. Sources: San Mateo County,General Plan,accessed online:(http://www.sforoundtable.org/P&B/pb_general_plan.html)accessed San Mateo County,Zoning Regulations,July 1999.Available online at: (http://www.co.sanmateo.ca.us/vgn/images/portal/cit_609/944158OZregs-wp.pdf) San Mateo County.General Plan.Section 6 Park and Recreation Resources Policies,Section 9 Rural Land Use Policies. 1986. 23 i San Mateo County.Local Coastal Program.June 1998. California Department of Fish and Game,Habitat Conservation Planning Branch. California Department of Fish and Game,Natural Community Conservation Planning Program. http://www.dfg.ca.gov/nccp/.November 4,2002. Less Than Significant XI. MINERAL RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Result in the loss of availability of a known mineral 11 13 Q resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important 21 mineral resource recovery site delineated on a local general plan,specific plan or other land useplan? No mineral resources locally important or of value to the region are designated on local general or land use plans or are known to occur at the project site. Less Than Significant XII. NOISE Potentially with Less Than Would the project result in: Significant Mitigation Significant Impact Incorporation Impact No Impact a) Exposure of persons to or generation of noise levels in ❑ El excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 0 roundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels Q in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient El noise levels in the project vicinity above levels existing without theproject? e) For a project located within an airport land use plan or, El El Q where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ❑ El Q would the project expose people residing or working in the project area to excessive noise levels? 24 According to the San Mateo County General Plan Noise Element,significant noise impacts occur when the noise levels are equal to or above 60 Community Noise Equivalent Level(CNEL).Exterior noise exposure levels of 70 CNEL or greater are considered significant for residential developments according to the State of California. Within the Preserve,current ambient noise levels are well under 60 CNEL.Noise-generating activities such as driving of vehicles to the project area,and operation of vehicles and equipment would occur during daytime hours within the remote setting of the Preserve,well removed from nearby residences. Groundbome vibration and groundbome noise levels will be confined to the immediate area of grazing infrastructure improvements at the project site.No persons are located immediately adjacent to the project site, so there will be no impact.No permanent increase in ambient noise levels will occur. Improvements prescribed as part of the Rangeland Management Plan are minor,and brief and will not significantly increase the amount of vehicles at the site. During project implementation vehicles and equipment will generate temporary increases in noise levels. However,given that project work will occur in a remote area that is currently closed to public use, the temporary,short-term increase in noise will result in a less than significant impact. The project is not located within an airport land use plan or within two miles of an airport or private airstrip. Less Than Significant XIII. POPULATION AND HOUSING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Induce substantial population growth in an area,either directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, rl El Q necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people,necessitating the (7 construction of replacement housing elsewhere? The project is a Rangeland Management Plan for a site with existing grazing,and will not result in population growth, displacement of homes or people. Less Than Significant Potentially with Less Than XIV.PUBLIC SERVICES Significant Mitigation Significant Impact Incorporation Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: b)Fire protection?Police protection? Schools?Parks?Other Q public facilities? The project is a Rangeland Management Plan for a site with existing grazing and will not require the need for new or physically altered government or public facilities(including schools and parks), or additional fire or police protection.The project would increase fire protection by reducing wildland fuel and is also designed to enhance the watering duration of ponds which would provide additional fire suppression services. 25 Less Than Significant Potentially with Less Than Significant Mitigation Significant XV. RECREATION Impact Incorporation Impact No Impact a) Would the project increase the use of existing 11 El Q neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ Q the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The project area is currently closed to public access and recreational use.The Rangeland Management Plan will not result in a change in this status. Less Than Significant XVI. TRANSPORTATION/TRAFFIC Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Conflict with an applicable plan,ordinance or policy ❑ Q establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways,pedestrian and bicycle paths,and mass transit? b) Conflict with an applicable congestion management [J1 program,including,but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns,including either 11 ❑ 11 Q an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature El 11 13 Q (e.g.,sharp curves or dangerous intersections)or incompatible uses e. . farm equipment)? e) Result in inadequate emergency access? ,7 f) Conflict with adopted policies,plans,or programs �J( supporting alternative transportation(e.g.,bus turnouts, bicycle racks)? The area included in the Range Management Plan will stay closed to public use,therefore no increase in vehicular traffic is expected to occur. Improvements made to grazing infrastructure will be small in scale and short duration and will result in only add a few additional vehicles traveling on the roads to and from the project site. The number of vehicles and trips to the site are not expected to increase traffic to the surrounding area any more than occurrence of a similar small scale single event(such as a cattle roundup,school field trip,private party,or other local events).No change in aircraft patterns is expected as a result of the project.Roads and trails will remain open to routine Ranger patrol and will allow for through access in the event of an emergency. The grazing tenant is obligated to repair and maintain all roads used for the grazing operation per the terms of the grazing lease. The project does not conflict with any adopted plans or programs supporting congestion relief or alternative transportation. 26 XVH.UTILITIES AND SERVICE SYSTEMS Less Than Significant Would the project: Potentially with Less Than Significant, Mitigation Significant Impact Incorporation Impact No Impact a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ 2 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ [�( drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ ❑ ❑ d project from existing entitlements and resources,or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ❑ ❑ ❑ �( provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f) Be served by a landfill with sufficient permitted capacity [� ❑ Q to accommodate the roject's solid waste disposal needs? g) Comply with federal,state,and local statutes and ❑ ❑ ❑ ❑ regulations related to solid waste? The project does not include new facilities requiring restrooms,and will therefore not result in the generation of new sources of wastewater or exceed established wastewater standards. The Range Management Plan may improve water quality by limiting cattle access to streams. Pond improvements will be adequately sized to better accommodate storm water drainage.No new or expanded entitlements are needed,no wastewater treatment, j landfills,or solid waste is associated with the project. j Less Than Significant Potentially with Less Than Significant Mitigation Significant XVHI. MANDATORY FINDINGS OF SIGNIFICANCE [m act Incorporation Impact No Impact a) Does the project have the potential to degrade the quality ❑ ❑ ,L7( ❑ of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The purpose of the project is to integrate the principles of conservation grazing into an existing cattle ranching operation. In general,the project is expected to result in improved habitat suitability for fish and wildlife,and may increase the amount of native plant species within project-area grasslands. The Plan includes small construction projects to improve and maintain ranch infrastructure. Best Management Practices have been incorporated into the Plan and will reduce any construction-phase impacts to biological and cultural resources to less than significant levels. See Section IV,Biological Resources. b) Does the project have impacts that are individually ❑ ❑ limited,but cumulatively considerable?("Cumulatively. considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current 27 projects,and the effects of probable future projects)? The project will not result in significant cumulative effects to the environment. c) Does the project have environmental effects which will ❑ ❑ Q cause substantial adverse effects on human beings,either directlyor indirectly? The pLoject will not cause substantial adverse affects on human beings. i i 28 I GRAZING LEASE LOBITOS RIDGE/ELKUS RANCH UPLANDS GRAZING UNIT PURISINIA CREEK REDWOODS OPEN SPACE PRESERVE L RANGELAND MANAGEMENT PLAN............................................................................3 2. PREMISES............................................................................................................................3 3. TERM.....................................................................................................................................4 4. RENT.....................................................................................................................................5 5. TAXES...................................................................................................................................7 6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION..7 7. ANNUAL STOCKING AND WORK PROGRAM...........................................................9 8. USE OF PREMISES.............................................................................................................9 9. ENTRY AND INSPECTION BY DISTRICT.................................................................. 11 10. MAINTENANCE OF IMPROVEMENTS................................................................... 11 11. ALTERATIONS............................................................................................................. 11 12. TERMINATION FOR BREACH OR DEFAULT............................. ......................... 13. SURRENDER OF PREMISES...................................................................................... 14 �I 14. ASSIGNMENT AND SUBLETTING........................................................................... 14 15. INDEMNIFICATION.................................................................................................... 14 16. INSURANCE................................................................................................................... 14 17. ABANDONMENT.......................................................................................................... 14 18. WAIVER OF RELOCATION BENEFITS.................................................................. 15 19. UTILITIES...................................................................................................................... 15 20. NO RIGHT TO REPAIR AND DEDUCT.................................................................... 15 21. GENERAL PROVISIONS............................................................................................. 15 i SUMMARY OF GRAZING LEASE TERMS This is a summary("Summary") of the principal terms and conditions of the Grazing Lease. Each item below shall be deemed to incorporate all of the terms and conditions set forth in the Grazing Lease pertaining to such item. In the event of any conflict between the information in this Summary and any more specific provision of the Grazing Lease, the more specific Grazing Lease provision shall control. Landlord: Midpeninsula Regional Open Space District Tenant: Vince Fontana Term: Five (5) year Initial Term commencing November 1, 2010 ("Commencement Date") Grazing Season: Seasonal(Annual adjustments thereafter pursuant to Section 6 of the Grazing Lease). First Year Grazing Capacity: 400 AUMs (Annual adjustments thereafter pursuant to Section 6 of the Grazing Lease). Use: Cattle grazing and authorized adjunct activities First Year Rent: $5,360 (Annual adjustments thereafter pursuant to Section 4 of the Grazing Lease). Rent Payment Date: Bi-annual payments on January 2°d and July 31 st District Contact Information: Tenant Contact Information: Primary Contact: Real Property Specialist Primary Contact: Vince Fontana Tel: (650) 691-1200 Tel: (650) 726-2621 Alternate: Skyline Area Superintendent Alternate Contacts: Tel: (650) 949-1848 Doug Edwards - Tel: (650) 245-6808 GregFontana—Tel: 650 712-9417 ( ) Notice Addresses of District: Notice Address of Tenant: Midpeninsula Regional Open Space District Vince Fontana Attn: Real Property Specialist P.O. Box 512 330 Distel Circle Half Moon Bay, CA 94019 Los Altos, CA 94022 With a copy to: MROSD—Skyline Field Office Attn: Area Superintendent 21150 Skyline Boulevard La Honda, CA 94020 2 i GRAZING LEASE THIS GRAZING LEASE ("LEASE") IS MADE BY AND BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("DISTRICT") AND THE UNDERSIGNED GRAZING TENANT ("TENANT") UPON THE FOLLOWING TERMS AND CONDITIONS: 1. RANGELAND MANAGEMENT PLAN District has prepared a grazing management plan for the Premises("Rangeland Management Plan"), incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said Rangeland Management Plan. Tenant hereby acknowledges receipt thereof. Tenant shall manage and use the Premises throughout the Term in a good and proper manner, according to approved methods of range management and grazing practice as morespecifically set forth in the Rangeland Management Plan, and as may be established and modified from time to time by District. The Rangeland Management Plan serves this Lease as a management tool for developing and implementing range activities in accordance with and complementary to the District's overall land management, resource administration, public use, and other open space policies, guidelines and goals. The Rangeland Management Plan may be amended by District from time to time, with Tenant's input, and any such amendment by District shall be effective upon thirty(30)days written notice to Tenant thereof 2. PREMISES (a) Premises. District leases to Tenant, and Tenant leases from District, upon the terms and conditions herein, those certain tracts of land specifically defined and delineated in the Rangeland Management Plan (the"Premises"). (b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements, servitudes, leases and rights of way for ditches, levees,roads,public utilities,pipelines and any other purposes,whether of record or not, and including the right of District to authorize its directors, officers, employees, agents, and volunteers to use the Premises for District purposes. District reserves the right to use the Premises for all public open space purposes, including but not limited to natural resource restoration and management, natural resource monitoring, road grading, mowing, plowing, seeding, fertilizing, prescribed burning and performing any other appropriate or customary seasonal work. District further specifically reserves the right to make use of all roads and trails on the Premises for patrol,maintenance and such other uses as District may reasonably desire to make of such roads or trails. District also reserves the right to make the Premises open to the general public for low intensity open space recreation, subject to reasonable restrictions as determined by District, and including the right to construct trails,public trailhead facilities,and other facilities for such public use purposes. (c) As Is Condition of Premises. District makes no warranties or representations to Tenant concerning the suitability of the Premises for grazing purposes. Tenant represents and warrants that Tenant has conducted a thorough and diligent inspection and investigation of the Premises and the suitability of the Premises for Tenant's intended use. Tenant is fully aware of the needs of its grazing operations and has determined, based solely on its own. inspection, that the Premises are suitable for its operations and intended use. Tenant acknowledges,agrees to,and hereby accepts,the Premises in their present condition,"AS IS, 3 WITH ALL FAULTS", without representation or warranty of any kind, and subject to all applicable laws, statutes, ordinances, rules and regulations governing the use, occupancy, management,operation and possession of the Premises. Without limiting the foregoing,this Lease is made subject to any and all covenants,conditions,restrictions,easements and other title matters affecting the Premises,or any portion thereof,whether or not of record. Tenant acknowledges and agrees that District, including without limitation its directors, officers, employees and agents, has not made, and District hereby disclaims making, any representations or warranties, express or implied, concerning(i) any title or survey matters affecting the Premises; (ii) the physical, geological or environmental condition of the Premises including without limitation,and notwithstanding any provisions of the Rangeland Management Plan, the availability, suitability, sufficiency, or existence of any sources of water, livestock watering system, or water rights of any kind; (iii) the present or future capacity or suitability of the Premises for livestock grazing; (iv) the feasibility, cost or legality of constructing any improvements on the Premises if required for Tenant's use as permitted under this Lease; (v) the condition of any fences, roads, gates or range improvements; or (vi) any other matter whatsoever relating to the Premises or its use, including, without limitation, any implied warranties of fitness for a particular purpose. (d) Withdrawal of Premises. Pursuant to Public Resources Code §5563, District hereby reserves the right, at any time,to reduce the size of the Premises leased hereunder,in whole or by any portion thereof, should the District Board of Directors (`Board") by ordinance determine to use such lands for park,open space or other District purpose inconsistent with Tenant's use,in which case the Lease shall terminate as to those lands so identified. District will notify Tenant of the tentative scheduling of any agenda item for Board consideration to act under Section 5563, as to the Premises, no less than ninety(90) days in advance of the meeting proposed for consideration of such an item. Should less than the entire Premises be removed from the Lease pursuant to this Section, the animal unit months ("AUM"), as hereinafter defined, and as permitted hereunder, and the corresponding rental amount, shall be reduced proportionate to the reduction in the area,based on acreage, subject to the Lease. In the alternative, Tenant may elect to terminate the Lease in its entirety and shall have no further rights or obligation hereunder except as to those matters specifically identified as surviving such termination. In the event of such early termination, Tenant's sole claim against District shall be to a pro-rata refund of any grazing rent actually paid in advance, if any such rent has been paid for the next lease year. 3. TERM (a) Term. The Premises are leased for an initial five(5)("Initial Term")beginning November 1, 2010 ("Commencement Date") and expiring on the last day of the Grazing Season on the final year of the Initial Term,unless extended as provided for herein. Provided Tenant is in compliance with the terms,covenants,and provisions of this Lease(including the Rangeland Management Plan), District may elect to extend the Lease for one additional five (5) year period ("Subsequent Term"), for a maximum total Term of no more than ten (10) years, unless the Lease is terminated by District or Tenant as otherwise provided for herein. The Subsequent Term shall expire on the last day of the Grazing Season on the final year of the Subsequent Term. Collectively,the Initial Term and Subsequent Term are referred to herein as the"Lease Term". 4 JI (b) Grazing Capacity and Grazing Season. The definition of the"Grazing Capacity"and the "Grazing Season" for all purposes of this Lease is that set forth in Section 6 of this Lease.. Tenant will graze the Premises only during the Grazing Season and in compliance at all times with the authorized Grazing Capacity. Tenant may go on to the Premises during other times of the year(the"Off-Season")to conduct activities reasonably related to permitted grazing, including infrastructure maintenance and repair and related to such new leasehold improvements as may be authorized in writing by District. (c) Termination of Lease at End of Term. District or Tenant may terminate this Lease at the end of the Initial Term, or at the end of any Subsequent Term, if District or Tenant gives written notice to the other party at least ninety(90) days prior to the Expiration Date of the then effective Term. This right of termination is in addition to any and all rights of termination by District or Tenant as set out herein. (d) Possession. Tenant agrees that in the event of the inability of District to deliver possession of the Premises at the Commencement Date, District shall not be liable for any damage caused thereby nor shall this Lease be void or voidable, but Tenant shall not be liable for Rent(as described hereunder)until such time as District offers to deliver possession of the Premises to Tenant. The Term of the Lease shall not be extended by any such delay. 4. RENT (a) Lease Year Rent. Each year during the Term, Tenant shall pay to District annual rent ("Rent")as payment for grazing on the Premises. Rent for the first year of the Initial Term is the amount set forth in the Summary ($5,360.00). Rent shall be adjusted on the Commencement Date of each lease year thereafter ("Annual Adjustment of Rent") as set forth below. Rent shall be payable in two lump sum payments,and shall be paid on or before the dates set forth in the Summary("Rent Payment Date")at the address shown for District in the Summary. Rent shall be paid in advance without demand, deduction, offset or counterclaim whatsoever except as may otherwise be specifically permitted herein. Rent shall be paid in full when due and payable regardless of whether or not any livestock are grazed upon the Premises,or whether or not the Premises are grazed at the Grazing Capacity authorized for any lease year. (b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease year depending upon the Grazing Capacity, Grazing Season,and per AUM rental rate as set out in Exhibit B for the Premises, as determined by District prior to the beginning of the Grazing Season, and on whether the average selling price of beef cattle is higher or lower than the corresponding average selling price for the preceding lease year ("Rent Adjustment"). Tenant shall be notified by the District on or before July 15`h of each current lease year of the new per AUM rental rate for the next lease year. Rent Adjustments will be calculated pursuant to the formula set forth in the Calculation of Annual Grazing Rent, attached hereto and incorporated herein as Exhibit B of this Lease. (c) Rent Credit for Performance of Work. Tenant may request permission from District to substitute performance of work("Work")on the Premises, and only such matters for which Tenant is not otherwise obligated or responsible, in lieu of all or a portion of cash rental payments by the following procedure and subject to the following conditions: 1) Prior to commencing any such Work,Tenant shall submit a written proposal to District for approval of specific Work and shall provide an estimate of the value of such Work 5 (Exhibit Q. 2) District shall review such Tenant proposal and value estimate, and may elect,in its sole discretion, to authorize the performance of such Work, or may counter the offer of Tenant, either as to the scope of Work or valuation thereof. If acceptable to Tenant, District may authorize the performance of such Work in lieu of all or a portion of Rent in the agreed upon amount. Any such authorization shall be in writing and signed by a duly authorized District representative or shall be of no force and effect. 3) In the event District approves specific Work to be performed by Tenant in lieu of all or a portion of Rent,all such Work shall be performed in a timely and professional manner,to the reasonable satisfaction of District. 4) Tenant shall notify District upon completion of the authorized Work and shall arrange for inspection of such Work by District. If District, after inspection, accepts the Work as fully and correctly performed,it shall authorize,in writing,that such Work be substituted for all or a portion of Tenant's Rent obligations in the agreed upon amount. If District determines that the Work has not been fully or correctly performed,it shall notify Tenant of the deficiencies and Tenant shall have a reasonable period of time to correct the identified deficiencies. Tenant shall thereafter notify District and request further inspection. 5) Tenant may thereafter apply the credit authorized herein to Rent accruing under this Lease. 6) In no event shall credit for Work performed in lieu of Rent exceed the amount of Rent due for the remainder of the then current Term and any excess claimed may not be carried over or otherwise applied to rental obligations arising thereafter. Should District terminate this Lease for any reason permitted hereunder, District shall, prior to the full application of any such credit to Rent due,reimburse Tenant for Work that was approved by District and correctly performed by Tenant,provided that District's termination of this Lease is not due to a material default or breach of Tenant that results in a determination by a court of competent jurisdiction that any such credit accrues to the benefit of the District. 7) Nothing contained herein shall be construed to make Tenant an employee or agent of District and Tenant shall be and remain an independent contractor. 8 The e of work that may be considered for rental credit shall include but not be limited � Y to: (i) Road brushing, minor grading, and maintenance (ii) Invasive plant treatment (iii) Repairing perimeter fencing and constructing new fencing. (iv) Water improvements (d) Late Charge. Any Rent received by District five(5)or more days past the Payment Date on which such amount was due, shall be subject to a penalty of 10% of the amount due to District, and Tenant shall pay such additional sum concurrently with the late payment. (e) Livestock Lien. Tenant hereby acknowledges that all Rent not paid on a Payment Date set herein shall become a lien on any and all livestock located on the Premises as authorized by California Civil Code §3080,et seq.,and District shall have the right to take possession and retain all such livestock, without resort to additional legal proceeding, until all unpaid amounts are satisfied in full. 6 5. TAXES Tenant agrees to be responsible for,and to pay promptly when due,all possessory interest taxes and ! any other such taxes that are assessed on the basis of this Lease or the grazing operations permitted hereunder. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against Rent payable under this Lease. Taxes assessed on any personal property of Tenant shall be solely the obligation of Tenant. 6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION (a) Definition of Grazing Capacity. Grazing capacity, for all purposes herein, is the level of n the Premises consistent with forage production, livestock use allowed o g p , resource conservation,and open space preservation objectives(the"Grazing Capacity"). The unit of measure of Grazing Capacity shall be the animal unit month("AUM"),defined herein as the amount of forage,equivalent to 1,000 pounds of dry,herbaceous plant material,necessary to sustain a mature cow for a period of one month. District shall regulate the kind and number of livestock and the amount of time the Premises are grazed by same,to assure conformity to Grazing Capacity estimates. b Procedure for Establishing Annual Grazing Capacity and Grazing Season. The Grazi ng O g g P ty g g Capacity and Grazing Season for the Premises for the first lease year is that set forth in the Summary. The procedure for establishing the Grazing Capacity and Grazing Season thereafter shall be: 1) District shall conduct an annual range assessment of the Premises to identify areas District considers suitable for grazing and to estimate the available forage production for the forthcoming lease year. Tenant will be provided an opportunity to participate in this annual range assessment. 2) Residual Dry Matter(RDM)targets described in Section 6(g)herein shall be subtracted from the estimated total amount of available forage within the Premises to determine how much forage is available for livestock to consume in an average year, a wet year, and a dry year. The District's determination of Grazing Capacity and corresponding Grazing Season for the Premises shall be based upon the estimated forage production in an average rainfall year and may be subject to change by District. 3) Prior to November 15`h of each year, District shall notify Tenant in writing of the authorized Grazing Capacity and Grazing Season for the Premises for the forthcoming lease year. The notice shall set forth any required changes to Tenant's range management methods or grazing practices in accordance with the Rangeland Management Plan, and shall also list any natural resource management or other range or open space management activities appropriate for the Premises during the forthcoming lease year from which Tenant may propose to do Work, as defined in Section 4(c). 4) Subject to the provisions of Section 6(c) through 6(g) below, the authorized Grazing Capacity for the Premises shall remain the same throughout the lease year. (c) District as Sole Judge of Grazing Capacity and Grazing Season . At all times District shall be the sole judge as to the Grazing Capacity and Grazing Season of the Premises and any pasture thereof. In determining the Grazing Capacity and Grazing Season of the Premises or any pasture thereof,District may take into account,by way of example only and without limitation thereby,such factors as erosion control,re-forestation,native and invasive vegetation, water quality, fisheries, wildlife, recreation or any other conditions that may 7 i affect the use, operation, and conservation of the District's lands for open space purposes. (d) Emergency Reduction of Grazing Capacity. At any time and from time to time, District may reduce the authorized Grazing Capacity or Grazing Season or impose a full or partial grazing moratorium in the District's discretion when such action is necessary or appropriate due to an emergency that poses a threat to the physical or environmental condition of the Premises. Written notice of any such reduction will be given by District to Tenant,who shall have ten (10) days in which to implement the reduction. In implementing such reduction, Tenant may either(i)reduce animal numbers,or(ii)feed weed-free hay of good quality at the equivalent of three (3) AUMs per ton fed. In the event Tenant desires to use option (ii), Tenant shall first obtain District's written approval. In giving such approval, District may require Tenant to concentrate all or part of the livestock into selected areas for feeding and control. In the event of such reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof. (e) Exceeding Grazing Capacity Without Authorization. Tenant shall limit the number of livestock to be grazed upon the Premises and the period of use so that the authorized number of AUMs is not exceeded. Should the Premises, or any portion thereof, unintentionally be grazed in excess of the authorized number of AUMs,Tenant shall immediately remove all or such number of livestock as are necessary to comply with the Grazing Capacity authorized by District. In addition to all other rights which District may have or exercise under this Lease, in the event that Tenant grazes the Premises in excess of the authorized Grazing Capacity,the charge per AUM shall be three(3)times the annual Rent provided for in this Lease for each AUM or portion thereof grazed in excess of said authorized number, for any length of time, such amount being hereby agreed upon as the liquidated minimum damages to District from such excess usage and District shall be entitled to prove and be awarded any greater damage amount, or other relief sought, by a court of competent jurisdiction. Tenant shall pay such amount to District promptly upon demand. (f) Minimum Residual Dry Matter(RDM)Requirements. Residual dry matter("RDM"),as used herein, is a measure of the amount of dry vegetation left on the ground, typically measured at the end of summer or in the fall, prior to rainfall. The height in inches of standing vegetation remaining on the ground is a general indicator of RDM levels,however the pounds per acre measurement shall be used for the purposes of monitoring and enforcing p p p rP g g has set the following minimum RDM minimum RDM requirements. The District qg requirements for the Premises depending upon average slope: 1) On 0%to 30%slopes,the average minimum RDM shall be 800— 1,000 pounds per acre, or approximately 2 to 3 inches of standing vegetation. 2) On slopes greater than 30%,the average minimum RDM shall be 1,200 pounds per acre, or approximately 3 to 4 inches of standing vegetation. A layer of RDM shall be maintained by Tenant throughout the Grazing Season to minimize soil erosion and enhance both the quality and quantity of forage produced. Tenant and District acknowledge that localized over-utilization will occur adjacent to watering facilities, corrals,and salting areas. As such,these areas will not be used to determine the RDM levels of a pasture. If the RDM levels drop below the amounts specified above,District shall notify Tenant,and Tenant shall immediately remove all livestock from the affected pasture(s)until 8 i such time as District determines that such pasture(s) have recovered sufficiently for restocking. 7. ANNUAL STOCKING AND WORK PROGRAM Tenant shall prepare an annual stocking and work plan("Stocking and Work Program")prior to the beginning of each Grazing Season. No later than December Ist of each year,Tenant shall deliver to District a proposed Stocking and Work Program, in a form substantially similar to the example thereof contained in the Rangeland Management Plan that shall include information on the number and type of all livestock proposed to be grazed upon the Premises during the forthcoming Grazing Season. The Stocking and Work Program shall set forth the number of AUMs to be stocked on each pasture,based on current forage conditions and the Grazing Capacity and the forthcoming Grazing Season established by District, and shall specify all proposed management activities related to herd health,pest control,infrastructure maintenance,and/or the development of range resources that may be warranted for the conditions and circumstances on the Premises. The range management work proposed by Tenant shall be in full conformance with the Rangeland Management Plan. Within fifteen(15)working days of receipt of the Stocking and Work Program,District shall notify Tenant in writing whether it is acceptable. If unacceptable,District shall state in its notice all changes to be made to the Stocking and Work Program. Tenant shall incorporate all changes into the Stocking and Work Program and resubmit it to District for approval. 8. USE OF PREMISES (a) Tenant's Permitted Use. Tenant may use the Premises for the uses specified in the Rangeland Management Plan, and for no other purpose or use without the prior written consent of District,the exercise of which shall be in its sole discretion. Livestock grazed on the Premises must be either owned by the Tenant or grazed under the direct supervision of Tenant. (b) Land Management and Forage Utilization. Tenant shall distribute or rotate livestock throughout the Premises as specified in the Rangeland Management Plan and Tenant's annual Stocking and Work Program approved by District. Tenant shall maintain optimum distribution of livestock over the Premises by distributing or rotating livestock among the pastures to obtain uniform range utilization, minimize overgrazed areas and reduce the overall fire hazard. Tenant shall maintain in good condition and repair all cross-fences and gates that define any pasture, and shall distribute salt blocks uniformly throughout the Premises. Tenant shall maintain any developed livestock watering system in good condition and repair. Tenant shall conduct grazing activities,and use the Premises in accordance with, sound rangeland management practices, including, but not limited to, those standards and practices set forth or referenced in the Rangeland Management Plan, and shall otherwise conduct livestock grazing operations in a safe,responsible,professional and environmentally protective manner. (c) Grazing Within Premises. Tenant shall, at all times, prevent livestock from trespassing onto lands owned or managed by District on which Tenant is not authorized to graze, into areas within the Premises excluded from the authorized grazing areas,or upon any adjacent third-party lands,whether private or public. Notwithstanding the foregoing,nothing in this subsection (c) shall be construed to require Tenant to install additional fencing on the Premises beyond that required elsewhere in this Lease or by the Rangeland Management Plan. 9 I (d) Supplemental Feeding. Subject to verbal authorization from the District's Area Superintendent or other authorized District representative,Tenant may provide supplemental feed to maintain the health and vitality of permitted livestock. Tenant may not conduct supplemental feeding on the Premises to prolong grazing use in areas where the forage levels specified in the approved annual Stocking and Work Program have been reached or exceeded. Any supplemental feed shall be certified to be free of non-native, invasive plant materials, commonly known as "weed free" feed or forage. (e) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall be in general good health and physical condition and that they have been inoculated with all appropriate vaccinations according to good husbandry practice. Tenant will cull the grazing herd of all diseased or otherwise unhealthy livestock in a prompt and responsible manner. (f) Disposal of Livestock Carcasses. Tenant shall immediately notify District upon discovering any dead livestock on or near the Premises. Tenant's notification shall state the proposed method and location for disposing of the dead livestock. Generally,the District recommends that the carcass be moved to a location out of site of the public to allow the carcass to naturallydecompose. The proposed method and location shall be subject to approval b p p p J pp Y District and may include permission to discharge firearms on the Premises in furtherance of the disposal. (g) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and vehicle accessible trails and areas of the Premises, both during and immediately following wet weather carries the potential for serious degradation of road and ground surfaces, including but not limited to,rutting and erosion.Tenant shall refrain,to the maximum extent n the reasonable in practices, from using motorized vehicles o feasible consistent with gran g p g Premises during wet conditions. All motorized vehicle use by Tenant during wet conditions is restricted to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and equipment used b Tenant on the Premises must be outfitted with appropriate s ark arrestors Yp and mufflers. No heavy equipment, including, but not limited to bulldozers, backhoes, excavators,or trenchers is allowed to cross or operate on the Premises without District's prior written consent. District may,in its sole discretion,close any or all roads,or promulgate and enforce use restrictions on road use for resource management, erosion control, law j enforcement purposes,or other purposes necessary or appropriate for the sound management of the Premises,by providing Tenant with prior written notice thereof. (h) Weed and Pest Control. Except as set forth in Section 8(d) above, District will have the right, but not the obligation, at its sole cost and expense, and in its sole discretion as to the manner,time or extent of such efforts, for the control of noxious weeds and animal pests on the Premises. Tenant shall fully cooperate with District in any programs designed to control or eradicate weed and pest populations,including relocation of livestock if necessary.District shall provide Tenant with at least 48 hours notice, verbal or written, prior to the commencement of such control programs. Tenant shall not introduce any noxious vegetation onto or about the Premises. In no event shall District be liable to Tenant for the presence or introduction of noxious vegetation or animal pests on the Premises. (i) Hazardous Substances. Tenant is absolutely prohibited from transporting, mixing, generating, applying, storing, or disposing of herbicides, pesticides, rodenticides or any hazardous substances, except for equipment and vehicle fuel and fueling operations typical for use in grazing operations,upon the Premises without the prior express written consent of 10 District. Fuel will be kept in properly sealed containers, suitable for the substance, and all fuel transfer operations will be conducted with sufficient care and diligence to prevent contamination of or on the Premises. (j) Compliance with Law. Tenant will comply with all applicable laws, permits, statutes, ordinances, rules, governmental orders, regulations, and requirements pertaining to the occupancy and use of the Premises, including without limitation, District Land Use Regulations. Tenant shall not use,nor permit others to use,the Premises for any unlawful or prohibited purpose or purposes except as may otherwise be specifically authorized hereunder. 9. ENTRY AND INSPECTION BY DISTRICT Tenant agrees that District and its directors, officers, employees, agents and authorized volunteers may enter the Premises at any time to inspect the Premises, or to make any changes, alterations or repairs which District in its sole discretion considers appropriate for the protection, improvement or preservation of the Premises, and to post any notice provided for by law or otherwise to protect the rights of District. Nothing herein contained shall be construed to obligate District to make any changes, alterations or repairs to the Premises. 10. MAINTENANCE OF IMPROVEMENTS (a) Routine Maintenance. Except as otherwise specifically set forth herein, Tenant shall, in return for approved rental credits,in a timely manner,maintain and repair all improvements related to grazing use,whether existing at commencement of the Lease or newly constructed, including roads, fences, gates, livestock guards, barns, buildings, structures, corrals, wells, pumps and pressure systems,spring boxes,pipelines,ponds,and water troughs,without any alterations or additions except as approved in writing by District. Tenant may maintain improvements and appurtenances that need replacement at a minimal operational level pending their replacement or reconstruction with prior written approval of District. Tenant shall not be responsible for maintenance of the Premises during the Off-season(s). (b) Emergency Road Repairs. Tenant may perform limited emergency repairs to any road that is impassable for uses authorized hereunder. Tenant must make a reasonable, good faith effort to notify District prior to commencing emergency work undertaken pursuant to this section. "Emergency"for purposes of this section shall mean imminent danger to the health or safety of humans,the natural resource values of the Premises,water bodies or structures, or to livestock permitted on the Premises hereunder. All emergency work undertaken pursuant to this section shall be performed, to the maximum extent feasible, in a manner consistent with District road repair standards. No material may be permitted to enter waterways. Tenant shall be responsible for remediation of any emergency road repair work, as such may be ordered by District or by lawful regulatory authority, including proper permitting, associated fees and charges and for any fines levied. Tenant shall not be entitled to reimbursement or rent credit for any such emergency repairs. 11. ALTERATIONS Tenant agrees to obtain and fully comply with all applicable permits, authorizations, laws, ordinances, and regulations, and to obtain the prior written consent of District before making any alterations of, changes in, or additions to the Premises. All alterations, additions and improvements made in, to, or on the Premises, except unattached, movable fixtures, are the property of the District and will remain upon, and be surrendered with, the Premises upon 11 termination of this Lease. 12. DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT (a) District Right to Terminate for Default. District shall have the right to terminate this Lease at any time upon default of this Lease by Tenant. In the event of such earlier termination by District, Tenant shall be allowed thirty (30) days following the giving by District of written notice of termination to Tenant in which to vacate the Premises. In the event of such early termination, Tenant's sole claim against District shall be to a pro-rata refund of grazing rent actually paid in advance. (b) Default. The occurrence of any of the following shall constitute a material default under and breach of this Lease by Tenant: 1) Any failure by Tenant to pay the Rent or any other monetary sums required to be paid hereunder(where such failure continues for three(3)business days after written notice to quit or pay rent by District to Tenant). 2) The abandonment of the Premises by Tenant. 3) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by District to Tenant; provided,however,that if the nature of the default is such that the same cannot reasonably be cured within said thirty(30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. 4) The making by Tenant of any general assignment or general arrangement for the benefit of creditors;the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against Tenant,the same is dismissed within sixty(60)days); the appointment of trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within thirty(30) days; or, the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within thirty(30)days. Tenant agrees that in the event of the occurrence of any of the above-specified circumstances, then this Lease, or any interest in or to the Premises, shall not become an asset in any of such proceedings. (c) Remedies. In the event of any material default or breach by Tenant,District may,at any time thereafter,and without thereby limiting District in the exercise of any right or remedy,at law or in equity, that District may have by reason of such default or breach: 1) Maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession irrespective of whether or not Tenant has abandoned the Premises. In the event District elects not to terminate the Lease, District shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as District deems reasonable and necessary without being deemed to have elected to terminate the Lease includingremoval of all persons and property from p p p�Y the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re-letting 12 occurs,this Lease shall terminate automatically upon the new Tenant taking possession of the Premises, notwithstanding failure by District to elect to terminate the Lease initially. District at any time during the Term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. 2) Terminate Tenant's right to possession by any lawful means,in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to District. In such event District shall be entitled to recover from Tenant all damages incurred by District by reason of Tenant's default, including without limitation thereto,the following: (a)the worth at the time of award of any unpaid Rent which has been earned at the time of such termination;plus(b)the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus (c) any other amount necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform any obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (d) at District's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry District shall have the right to make any reasonable repairs, alterations or modifications to the Premises,which District,in its sole discretion,deems reasonable and necessary. As used in(a)above,the"worth at the time of award" is computed by allowing interest at the rate of ten percent(10%)per annum from the date of default. As used in (b), the "worth at the time of award" is computed by discounting such amount at the discount rate of the U.S. Federal Reserve Bank at the time of award plus one percent(1%). The term"Rent," as used in this Section,shall be deemed to be and to mean the Rent to be paid pursuant to Section 4 hereof and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease. (d) Cumulative Rights. All rights, options and remedies of District contained in this Lease, including but not limited to the rights set out in Section 2(d)herein,shall be construed and held to be cumulative,and no one of them shall be exclusive of the other,and District shall have the right to pursue an one or all of such remedies and an other remedy or relief which may be � p Y Y Y Y provided for by law or in equity,whether or not stated in this Lease. No waiver of any default of Tenant hereunder shall be implied from any acceptance by District of any Rent or other payments due hereunder or any omission by District to take any action on account of such default if such default persists or is repeated,and no express waiver shall affect defaults other than as specified in said waiver. The consent or approval of District to or of any act by Tenant re uirin District's consent or approval shall not be deemed to waive or render unnecessary q g pP District's consent or approval to or of an subsequent similar acts b Tenant. pp Y q Y 13. TENANT'S RIGHT TO TERMINATE (a) If, after reviewing the average selling price of beef cattle for the month of June as set out in Exhibit B, Tenant determines that the Rent for the subsequent lease year will not enable Tenant to conduct an economically viable grazing operation, Tenant shall have the right to terminate this Lease, effective at the Commencement Date of the next lease year, by providing written notice to District at the address shown on the Summary on or before August 15th of any lease year. In the event of such earlier termination by Tenant, Tenant shall be allowed ninety (90) days following the receipt by District of written notice of termination by Tenant in which to vacate the Premises in conformity with this Lease. In the 13 event of such early termination, Tenant's sole claim against District shall be to a pro-rata refund of any grazing rent actually paid in advance,if any such rent has been paid for the next lease year. 14. SURRENDER OF PREMISES Tenant agrees that upon termination of this Lease to promptly surrender the Premises and all appurtenances to District in the same condition as when received, reasonable use, wear and tear, damage by fire,acts of God or nature excepted,and to remove all of Tenant's livestock and personal property from the Premises. 15. ASSIGNMENT AND SUBLETTING Pursuant to the provisions of Civil Code§1995.230,this Lease is personal to Tenant and may not be assigned, sublet or otherwise transferred by Tenant, in whole or in part, in any manner whatsoever without first obtaining the express written consent of District which may approve or disapprove such assignment,sublease or other transfer in its sole discretion based on its review and assessment of the proposed transferees experience with grazing, especially on public lands, general business experience and financial stability on a level comparable to that of Tenant,and proposed transferee's ability to competently and timely perform all aspects of the Rangeland Management Plan. 16. INDEMNIFICATION Tenant agrees to indemnify, protect, defend, and hold District harmless from and against any and all claims, losses, damages, demands, liabilities, suits, penalties, costs, expenses (including, without limitation, attorneys' fees), causes of action, claims and/or judgments arising out of or arising in connection with any injury or damage to any person or property including, without limitation, District and its directors, officers, employees, agents volunteers, and guests from any cause or causes whatsoever while in, upon or in any way connected with this Lease, the Premises, or its appurtenances during the Term of the Lease. 17. INSURANCE Tenant agrees to obtain, and keep in force during the term of the Lease, all at Tenant's own cost and expense,a policy or policies of Commercial General Liability Insurance and Business Auto Coverage insurance,each in an amount of not less than$1,000,000.00 aggregate and per occurrence or accident for all covered losses. Such policy or policies shall name District as an additional insured, and evidence of such endorsement, by a duly executed Certificate of Insurance (ACORD 25-S, or a successor or comparable form,subject to prior approval by District)shall be provided District within ten(10) days of execution hereof and shall be updated thereafter as necessary. Each of the policies must contain a provision that such policy will not be cancelled or materially changed without thirty (30) days prior written notice to District. Tenant shall also comply with all applicable statutory worker compensation requirements. Upon request by District, Tenant shall direct his insurer or insurance agent to furnish District with a copy of any policy required by this Lease,certified to be a true and complete copy of the original. 18. ABANDONMENT Tenant shall be deemed to have abandoned the Premises if Tenant fails to pay any rental amount due District at the times or in the manner provided, fails to observe and perform any of the other covenants or conditions of this Lease,where such failure to observe or perform continues for a period 14 period of fifteen(15) days after written notice by District to Tenant, or ceases active grazing use of the Premises for a continuous period of sixty(60)days during a Grazing Season. In the event Tenant is deemed to have abandoned the Premises, any prepaid Rent shall belong entirely to District and shall not be refunded, in whole or in part, to Tenant. 19. WAIVER OF RELOCATION BENEFITS Tenant specifically waives any and all rights to relocation benefits or assistance that might otherwise f i f n r under ncircumstances)be available to Tenant upon terminationo th s Lease ( or any reason o u de any including,but not limited to,those authorized under California Government Code §7260 et seq. or otherwise. 20. UTILITIES District shall have no responsibility or liability of any kind with respect to any utilities that may be on or about the Premises. Tenant shall have the sole responsibility to locate such utilities and to protect them from damage. Tenant shall make all arrangements directly with utility companies for delivery, and shall timely pay for any and all utilities and services furnished to or used by Tenant, including without limitation,gas,electric,water and telephone service for all deposits,connection,installation and usage charges. 21. NO RIGHT TO REPAIR AND DEDUCT No residential tenancy is created by or permitted hereunder,and Tenant expressly waives the benefit of any existing,or subsequently enacted or set out,law,judicial or administrative decision,that might otherwise permit Tenant to make repairs or replacements at District's expense, or to terminate this Lease because of District's failure to keep the Premises,improvements,or any part thereof,in good order,condition and repair,or to abate or reduce any of Tenant's obligations hereunder on account of the Premises or improvements or any part thereof being in need of repair or replacement except as is specifically authorized pursuant to Section 4 (c) hereof. Without limiting the foregoing, Tenant expressly waives the provisions of California Civil Code §1932 or any similar laws with respect to the right of Tenant to terminate this Lease. 22. GENERAL PROVISIONS (a) Amendments;Entire Agreement. Neither this Lease nor any term or provision hereof may be changed, waived, amended, discharged or terminated except by a written instrument signed by the Parties hereto or as otherwise permitted hereunder. This Lease,including the Exhibits hereto, contains the entire agreement between the Parties and supersedes all prior written or oral negotiations,discussions,understandings and agreements. The Parties further intend that this Lease shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever(including prior drafts of this Lease or the Rangeland Management Plan and any changes therefrom) may be introduced in any judicial, administrative or other legal proceedings involving this Lease. Tenant hereby acknowledges that neither District, nor District's directors, officers, employees or agents, have made any I representations or warranties with respect to the Premises or this Lease except as expressly set forth herein, and no rights, easements or licenses are or shall be acquired by Tenant by implication or otherwise unless expressly set forth herein. (b) Severability. If any provision of this Lease or the application thereof to any person,entity or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Lease,or 15 the application of such provision to persons, entities or circumstances other than those as to which it is invalid or unenforceable,shall no be affected thereby,and each other provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. (c) Time. Time is of the essence to every term and condition hereof to which time is a material factor. (d) Governing Law and Venue. This Lease shall be construed pursuant to California law and proper venue for all purposes shall be in the County of Santa Clara. (e) Attorneys' Fees; Costs of Suit. If legal action shall be brought by either of the parties,the party prevailing in said action shall be entitled to recover from the party not prevailing the costs of the suit and reasonable attorney's fees. For purposes of this Lease,reasonable fees of attorneys employed by District shall be based on the fees regularly charged by private attorneys with an equivalent number of years of experience in the subject matter area of the law and actively practicing within the jurisdiction of District. (f) Holding Over. Tenant specifically waives the provisions of Code of Civil Procedure §1161(2). Any holding over after expiration of the Term with the express written consent of District shall be construed to automatically extend the Term of this Lease only on a month-to- month basis. All other terms, conditions and covenants of the Lease shall remain in effect during the hold over period so far as applicable. (g) Notices. Wherever this Lease provides for notices between the parties,or wherever the law requires or gives the right of serving a notice,the same shall be in writing and either served personally or sent by registered or certified mail, postage prepaid and addressed to the appropriate party as shown in the Summary. District and Tenant may at any time, in the manner provided herein, change the place or person designated for receiving notice. IN WITNESS WHEREOF the parties hereto subscribe their names. DISTRICT: TENANT: Stephen E. Abbors, General Manager Vince Fontana Date: Date: Attest: Michelle Radcliffe District Clerk Approved as to form: Susan Schectman, General Counsel 16 i EXHIBIT A TO GRAZING LEASE Rangeland Management Plan (under separate cover) 17 EXHIBIT B TO GRAZING LEASE CALCULATION OF ANNUAL GRAZING RENT The Lease Summary specifies the Rent to be paid by Tenant during the first lease year. For each lease year thereafter, annual Rent shall be adjusted upward or downward based upon two factors: 1) The Grazing Capacity in AUMs authorized by District for the upcoming lease year. 2) An increase or decrease in the per AUM rental rate based upon whether the average selling price of beef cattle is higher or lower than the average selling price for the preceding year. The per AUM rental rate shall be adjusted upward or downward by 50% of the percentage change in beef cattle prices. For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle shall be taken as the average selling price of Medium Frame No.1 Muscling Steers and Heifers, 500-8001bs., as reported by the Cattle Marketing Information Service, Inc. (Cattle-Fax) for the month of June prior to the start of the new lease year. In the event that the average sales price of beef cattle is not obtainable in any year from Cattle-Fax as now constituted, then the average sales price to be used in determining the rental rate shall be obtained from some other authentic source to be selected by District as providing a comparable price for this purpose. EXAMPLE: Assume the Grazing Capacity authorized by the District for the first lease year is as follows: Lobitos Ridge&UC Elkus Uplands - 50 AUMs per month for an average 8 months=400 AUMS Total Grazing Capacity=400 AUMS Per AUM Rent adjusted= $13.89 - .49 = $13.40 Rent for first lease year= 400 AUM X $13.40= $5,360 h upcoming shall be established b The total authorized AUMs for each min p o g lease year y the District on the basis of the Grazing Capacity of the Premises as determined by District, and stocking levels shall be computed by calculating the relative forage requirements of each of the kind or kinds of livestock intended to be grazed on the Premises in any one grazing year, as expressed by the following conversion factors: 18 Tyne of Livestock Animal Unit Months (AUMs) Adult Cow with Calf up to 6 months old 1.00 Heifer or Steer, 2 years &older(1,000 lbs. or more) 1.00 Yearling to 2-year-old (750 to 1,000 lbs.) 0.75 Weaned Calf to Short Yearling(up to 750 lbs.) 0.50 Bull 1.00 Horse 1.25 Sheep 0.20 Goats 0.20 Tenant shall use the Premises onlyfor grazing the type of livestock permitted by District under �' g yl� the terms of the Lease. 19 EXHIBIT C TO GRAZING LEASE Rental Credit Proposal Date: Lessee: Grazing Season: Grazing Property (ex. Big Dipper): Project Description: i I Proposed Cost: (Labor & Equipment(including hourly rates)and Materials) P 9 Proposed Date of Work: 20 Midpeninsula Regional • ' Open Space District R-10-125 Meeting 10-29 October 27, 2010 AGEND A IT EM 8 AGENDA ITEM Award of Contract with Rutherford & Chekene to conduct a Structural Lateral Analysis and Geotechnical Assessment of the Radar Tower at the former Almaden Air Force Station on Mount Umunhum GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a professional services contract with Rutherford & Chekene of San Francisco, CA for time and material, not to exceed agreement of$35,000 with a contingency of$7,000 in support of the Mount Umunhum remediation project at Sierra Azul Open Space Preserve. SUMMARY Public input received at the Mount Umunhum Site Planning Public Meeting conducted on September 30, 2010, indicates a strong public interest to retain the radar tower structure located at the peak of the mountain. Many consider the structure, which is highly visible along the ridge of the Santa Cruz Mountains, to be a landmark and of"iconic" value. However, many members of the public also stated that they would not support retaining the structure should it be found to be substantially more costly than demolishing the building. To determine the scope and cost to retain the radar tower onsite, a lateral analysis of the structure and a geotechnical assessment of the slope east of the radar tower needs to be conducted. DISCUSSION History In 1986, the District acquired the former Almaden Air Force Station (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mount Thayer (see Report 86-20) with the intent to restore the area to a natural condition and provide public access. In December 2009, the United States Congress appropriated$3.2 million for the cleanup of Mount Umunhum. These funds are being used specifically for Phase 1 of the Mount Umunhum project, which includes remediation, demolition and associated restoration. Phase 2 of the Site Planning project is conducting the public planning and the California Environmental Quality Act and the National Environmental Policy Act (CEQA/NEPA) review processes to develop the final site plan and i R-10-125 Page 2 h Boar d July awarde d the ct was a Y project description for Mount Umunhum. A separate contra y 10 to co nduct ct the CE A /NEPA process for the Phase 2 work (see Report 10-74). The 14 20 Q , public planning lannin process will inform the federally-funded Remediation Project with respect to structure demolition and restoration requirements. Structural and Geotechnical Requirements District staff met with the Senior Structural Plan Checker and Deputy Fire Marshal from the County of Santa Clara Planning and Development Department to determine what requirements would apply should the radar tower be retained. The County communicated that if the building is to be occupied or the interior utilized in any manner, the District should anticipate needing to comply with the following requirements: structural lateral (seismic) analysislupgrades; accessibility (ADA) provisions; and fire-life-safety code requirements, including provision of fire sprinklers, electrical, mechanical, and plumbing facilities. The site currently has none of the required infrastructure to support the fire-life-safety upgrades, and it would be very costly to have them installed. Another approach would be to retain the radar tower and seal it up. The County indicated that should the building be sealed in a manner that guaranteed it could not be entered or used in any manner; fire-life-safety requirements would most likely not be required. The County expressed a concern that a major seismic event could cause portions of the building to fail or fall, and therefore indicated that the building would need to be fenced off to prevent potential harm to pedestrians near the structure. If the District planned to allow people near the building, a lateral (seismic) analysis would be required to determine how the building would perform in a future major seismic event. The proposed site design schemes presented at the public meeting would allow pedestrians to be directly under the radar tower, and consider utilizing the exterior walls for interpretive purposes. Fencing off the building would not only be unsightly, but would also restrict use of the building exterior for interpretive signage and preclude visitors from accessing a great portion of the view shed. Staff determined that the goal of the lateral analysis and geotechnical assessment should be to determine if it is feasible to seal up the building while still allowing visitor access directly adjacent to the structure. Previous Structural and Geotechnical Reports A radar tower summary structural report and a geotechnical slope stability assessment for the slope east of the tower were prepared earlier this year under a contract with Northgate Environmental. These reports served to inform early facility assessments and benchmark budgeting. The summary structural report did not include the level of lateral analysis the County requires. Neither report was based on recently acquired information regarding the probable foundation design of the radar tower, which would likely have influenced the recommendations within the reports. Since Northgate's contract was not awarded through a competitive process, the cost to procure additional consulting services under this contract would not be eligible for reimbursement under the federal grant. RFQP for Lateral Analysis and Geotechnical Assessment Staff released a Request for Qualifications and Proposals (RFQP) for a Structural Lateral Analysis of the radar tower on October 8, 2010 via direct e-mail, mailing, and posting on the R-10-125 Page 3 District website. The RFQP requires the structural engineer to employ the services of a geotechnical engineer to provide further assessment of the slope east of the radar tower. The structural/geotechnical team will evaluate existing conditions and documents, meet with the County to determine the required level of lateral analysis and geotechnical design parameters, and complete calculations to determine what, if any, upgrades would be required. The deadline for submission of proposals was October 20, 2010. A total of seven(7)proposals were received as shown below: Firm Location Cost Proposal ZFA Structural Engineers .. Sacramento, CA $22,896 DCI San Diego, CA $37,000 Kitchell CM San Jose, CA $37,851 Rutherford & Chekene San Francisco, CA $39,830 Biggs Cardoza San Jose, CA $42,995 North ate Environmental San Francisco, CA $53,056 Jakaby Engineering Campbell, CA $61,550 The proposals were carefully evaluated by staff to assess the qualifications of each proposal, including the quality of the proposal, the implementation approach, and overall team expertise. The three firms most qualified for this project were identified by staff. Hourly rates and other consultant costs were then considered. Based on the criteria outlined in the RFQP, staff has determined that Rutherford & Chekene has the superior expertise and experience to provide the consulting services needed to determine whether structural and geotechnical upgrades are required to retain the radar tower on site. In addition, the selected consultant will prepare conceptual budgets outlining the scope and cost of the work that would need to be performed. Rutherford& Chekene has significant experience completing lateral analyses on similar types of cast-in-place concrete structures. The key principal engineer who will be involved with the project, Bret Lizundia, is one of the authors of the FEMA 306 "Evaluation of Earthquake- damaged Concrete and Masonry Wall Buildings"which will be utilized to evaluate the Radar Tower structure. In addition, Rutherford & Chekene have put together an experienced geotechnical and cost estimating team and developed a comprehensive and appropriate approach to completing the work. Rutherford and Chekene have agreed to negotiate their fee to meet the Districts $35,000 budget for this effort. Pre-Qualification List At the meeting of January 27, 2010 (see Report R-10-24), the Board amended the District's policy regarding selection of consultants for professional services to state that, once a consultant has been determined to be qualified to perform the category of professional services sought via the Request for Proposals (RFP) selection process, staff may maintain files of such qualified consultants for a two-year period. During that period, such consultants may be retained without repetition of the RFP process. Using the pre-qualification process for such consultants will result in significant efficiency. Staff will always consider cost of service in the final decision to retain a pre-qualified consultant. Accordingly, the seven firms who submitted proposals were determined to be qualified and competent to provide structural lateral analysis and geotechnical assessment, have been placed on a pre-qualification list, and are eligible to be selected to provide the District with engineering services for other projects. R-10-125 Page 4 FISCAL IMPACT Federal Appropriation The District received a$3.2 million federal appropriation in Fiscal Year 2010-11. $1,304,771 of these funds have been granted directly to the District for project management costs, professional services, and demolition contracting associated with the Phase 1 Remediation and Demolition project. The District will submit the $35,000 cost associated with the Lateral Analysis and Geotechnical Assessment, and any contingency expended, for reimbursement under the federal grant. District Budget At the Regular Board meeting of March 24, 2010, $180,000 was approved as part of the FY2010-11 budget for at the remediation work at Mount Umunhum(see Report R-10-53) and includes a portion of the $42,000 requested in this report. Staff will be recommended a Midyear Budget Revision in December 2010 for an additional amount of$107,500 to carry the project forward through the end of the fiscal year. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Retention of engineering consultants to conduct analyses and prepare budgets, does not constitute a project under CEQA as it will not result in a direct or reasonably foreseeable indirect physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. Any future action taken by the Board of Directors to implement any projects recommended by the consultant will be subject to CEQA review at that time. NEXT STEPS Upon Board authorization, the General Manager will execute a contract with Rutherford& Chekene for$35,000 for professional engineering services and cost estimating services for the Mount Umunhum Radar Tower Structural Lateral Analysis and Geotechnical Assessment. A $7,000 contingency will be set aside to allow for any required additional structural or geotechnical assessment, for a total authorization of$42,000. The lateral analysis is to be completed prior to the December 9, 2010 public meeting, allowing staff to inform the public of the requirements and cost for retaining and sealing the radar tower. Prepared by: Gina Coony, Project Manager Contact person: Same as above t Midpeninsula Regional ' Open Space District R-10-112 Meeting 10-29 October 27, 2010 AGENDA ITEM 9 AGENDA ITEM � I Authorization to Apply for a Land and Water Conservation Fund Grant for the El Corte de Madera Creek Parking/Staging Area and Trails Project f GENERAL MANAGER'S RECOMMENDATION I Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District (District) approving the grant application for funds from the Land and Water Conservation Fund for implementation of the El Corte de Madera Creek Parking/Staging Area and Trails Project. SUMMARY El Corte de Madera Creek Open Space Preserve is the District's third most popular Preserve. The 2,817-acre Preserve offers 36 miles of multi-use trails open to hikers, bicyclists and equestrians who, to date, are limited to parking along the Highway 35 frontage or at a Caltrans vista point parking area. Over the last ten years, the District has been working to establish a formal parking area and to improve the trail system at the Preserve. With construction plans complete for a new parking area and plans underway for related trail improvements, the project is currently eligible for a California State Parks grant. Staff is seeking authorization to apply for the Land and Water Conservation Fund Program (LWCF) in the amounts of$65,000 to fund implementation of the Phase 1 and 2 trails, trailhead signage, and restroom. DISCUSSION The final design for the El Corte de Madera Creek Parking/Staging Area and Trails Project includes the construction of a new 65-vehicle, four-horse trailer parking and staging area, a 0.25- mile connector trail, a 1.75-mile perimeter trail, a 0.2-mile trail realignment, and restoration of 0.7 miles of abandoned trail; installation of"No Parking" signs to remove approximately 40 roadside parking spaces on Skyline Boulevard; and relocation of an existing Skyline Boulevard trail/pedestrian crossing. The project has been divided into four phases: • Phase 1 includes the parking and staging area and a 0.25-mile connector trail to the Gordon Mill trailhead; • Phase 2 includes 0.75 miles of new trail to complete a portion of the"perimeter"trail; R-10-112 Page 2 • Phase 3 includes one mile of the remaining perimeter trail; • Phase 4 includes 0.2 miles of trail realignment and the restoration of 0.7 miles of abandoned trail The trails portion of the project is being phased over four years to ensure that the Skyline Field Crew retains the capacity to include this construction project into their larger multi-year work plan. Land and Water Conservation Fund (LWCF) The LWCF program allocates approximately one million, seven hundred and fifty thousand dollars ($1.75 million) per year to the California Department of Parks and Recreation(DPR) for grants to acquire and develop outdoor recreation areas and facilities. Funds for the program are derived from federal recreation fees, sales of federal surplus real property, the federal motorboat fuels tax and the Outer Continental Shelf mineral receipts. Priority development projects include trails, campgrounds, picnic areas, natural areas and cultural areas for recreational use. The grant program requires a non-federal dollar-for-dollar match. Eligible match sources include local, state, or private funds, or donated materials and services. The total cost of the Phase 1 and 2 trails, trailhead signage, and restroom is estimated at $130,000 and staff is requesting$65,000 through the LWCF Program. If awarded, the grant would assist in funding the following specific actions at El Corte de Madera Creek Open Space Preserve: Phase 1: 0.25-mile connector trail and trailhead signage, infrastructure, and restroom • Phase 2: 0.75 miles of perimeter trail FISCAL IMPACT The LWCF Program is a reimbursement program and grantees initially finance all project costs. Up to 50% of project costs are reimbursed at the time of project completion. The total cost for the Phases 1 and 2 trails, trailhead signage, infrastructure, and restroom is estimated at $130,000. If the grant is awarded in the amount of$65,000, additional funds will be needed($65,000) to construct these phases of the project. Matching funds, $65,000 in the case of the LWCF grant, must be committed at the time of application. To offset the required commitment of District funds, staff is working to secure additional grant funding. Last month, staff applied for state and federal funds through the Recreational Trails Program and the Habitat Conservation Fund Program. Staff will also seek funding through the Coastal Conservancy to supplement funds for these and subsequent project phases. PUBLIC NOTICE i Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE For the LWCF, CEQA compliance is required at the time of application. Staff completed a Mitigated Negative Declaration for the project, which the District's Board of Directors adopted R-10-112 Page 3 on February 10, 2010. A Notice of Determination was filed with the San Mateo County Clerk Recorder on February 16, 2010. NEXT STEPS If the California Department of Parks and Recreation(DPR)recommends the project for funding, the District will be notified by July of 2011. Staff will then work with the DPR to ensure that the project meets all federal requirements. Project funding would then be available in 2012. If funds are awarded, project implementation will be scheduled for summer 2012 to comply with grant funding requirements (grant-funded work is allowed to commence only after grant funding is made available). Staff will continue to pursue alternative funding sources and expects to apply for an additional grant through the Coastal Conservancy to further offset the implementation cost for the project. Attachment Resolution for the LWCF Prepared by: Gretchen Laustsen, Open Space Planner I Contact person: Same as above RESOLUTION NO. 10-XX RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICTAPPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR THE EL CORTE DE MADERA PARKING/STAGING AREA AND TRAILS PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the APPLICANT to certify by resolution the approval of Applications and the availability of eligible Matching funds prior to submission of said Applications to the State; and WHEREAS, the proposed EL CORTE DE MADERA PARKING/STAGING AREA AND TRAILS Project is consistent with the most recent California Outdoor Recreation Plan (CORP); and WHEREAS, the Project must be compatible with the land use plans of those jurisdictions immediately surrounding Project; NOW, THEREFORE, BE IT RESOLVED that the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT hereby: 1. Approves the filing of an Application for Land and Water Conservation Fund assistance; and i 2. Agrees to abide by SECTION 6(F)(3) of Public Law 88-578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that said agency has Matching funds from eligible source(s) and can ifinance 100 percent of the Project, which up to half may be reimbursed; and 4. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project; and 5. Appoints the General Manager as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including,but not limited to, Applications, contracts, amendments,payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. i Midpeninsula Regional ' Open Space District r � R-10-116 Meeting 10-28 October 27, 2010 AGENDA ITEM 10 AGENDA ITEM Approve the Legislative, Funding and Public Affairs Committee's Recommendation to Establish a Memorial Bench Fund and amend the Policy for Site Naming, Gift and Special Recognition LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE RECOMMENDATION Approve the recommendation of the Legislative, Funding and Public Affairs Committee (LFPAC) to Establish a Memorial Bench Fund and amend the Policy for Site Naming, Gift and Special Recognition. DISCUSSION LFPAC unanimously decided at a meeting on April 26, 2010, to recommend to the full Board that requestors of special recognition pay$5,000 into a Memorial Bench Fund for the cost of constructing, installing, repairing and maintaining a memorial bench for twenty(20) years. When the Board of Directors discussed this matter at its July 14, 2010 meeting, the Directors raised several additional questions related to the policy and referred the policy back to LFPAC for further discussion. Below is a summary overview of what the policy says, which questions the Board asked LFPAC to address and what LFPAC is recommending to the Board. What the policy says: � • LFPAC discusses all requests for special recognition, whether they are made by members of the Board of Directors or by members of the public. • Requests for special recognition include bench memorials and the naming of bridges. • People who are eligible for special recognition are Founders, Significant Supporters, and Volunteers. • LFPAC decides which of these requests will be referred to the full Board for a vote. • If a request is approved by the Board of Directors, the requestor(s) shall pay for the cost of constructing, installing and maintaining a memorial bench. R-10-116 Page 2 • There are two standard bench designs used by the District(which were approved by the Board on June 23, 2010). • Directors can at any point choose a bench design that differs from the standard designs. • If a memorial bench or other memorial facility is abandoned by a donor, the District reserves j the right to maintain, re-dedicate, or remove the memorial bench or other memorial facility at ; its sole discretion. The Board asked LFPAC to address the following questions: • Should the District restrict having plaques on benches? • The Memorial Bench Fund pays for the cost of a memorial bench for twenty(20) years,but what happens after that time? • Who should pay for a bench which differs from the two standard bench designs? (The policy currently allows Directors at any point to choose a bench design that differs from the standard designs: "LFPAC can at any point bring designs to the Board that differ from the District's standard bench designs.'I • Should the term "memorial bench"be changed to "commemorative bench"? What LFPAC recommends: The following is an overview of the decisions LFPAC made at its July 30, 2010, meeting and which the Board will find attached in a track changes version of the Policy for Site Naming, Gift and Special Recognition (See Attachment A and Attachment B). LFPAC decided to: • Re-submit the recommendations LFPAC made at the July 14, 2010 Board of Directors meeting(Report R-10-80) to establish a Memorial Bench Fund that requires requestors of special recognition to pay$5,000 for the cost of constructing, installing, repairing and maintaining a memorial bench. • Clarify in the Policy for Site Naming, Gift and Special Recognition that $5,000 covers the lifetime of the bench, not just twenty years (Note: District field staff verified this). • Delete the policy's Section II. B. (below) because establishing a Memorial Bench Fund would make that section obsolete: Section H. B. While recognition will generally not be solely based on financial contributions, gifts for memorials will be accepted by the District if they have been approved under the guidelines and process set out in Section III, below. Memorial benches will typically only be installed in locations that have been previously approved. Typically, the donor will be asked to provide funding to cover the costs of materials, installation, and staff time. Depending on the type of memorial and its location, staff will also arrange for the donor to contribute to anticipated maintenance expenses for a reasonable time period. i f R-10-116 Page 3 • Add language to the policy explaining that the District makes benches available for three distinct purposes: f 1. First, there are District rest benches. a. These are benches that are installed so constituents have a place to take a break. b. They must be one of the two District standard bench designs. 2. Second, there are Constituent memorial benches. a. These are benches installed by the District in response to requests by members of the public. b. LFPAC considers requests for these benches and decides which requests will be referred to the full Board for a vote. c. They must be one of the two District standard bench designs. d. They may have plaques that are limited in size to 2 inches x 6 inches. e. They can only be installed in locations that have been pre-determined by the District and approved by the Use and Management Plan Committee and, ultimately the full Board of Directors. 3. Third, there are District memorial benches. a. These are benches that are funded and installed by the District in response to requests by members of the Board of Directors to honor deceased "Founders," "Significant Supporters", and "Volunteers". b. LFPAC can initiate a bench request and refer a decision to the full Board or individual Board members can initiate a bench request which will be referred to LFPAC for discussion before it is referred to the full Board for a final decision. c. There are no restrictions on the benches' design or location and the District will pay for their lifetime cost. • Change the word "may" in the last sentence of Section IV to "shall". • Delete the Section called APPROVED MEMORIAL BENCH LOCATIONS which was to list all approved bench locations. Keeping the list of locations as an internal District document is more appropriate than having it be part of the policy. A list of locations will be drafted by the Planning department at a rate of two preserves per year; District planners will take into account the amount of public use when choosing preserves. The list will be approved by the Use and Management Plan Committee and ultimately by the full Board of Directors. LFPAC appreciated Director Cyr's suggestion that the District might look at installing swings on its open space preserves in the future(See Attachment Q. Director Cyr reported that the swings were a popular amenity on Charleston, South Carolina open space lands and that the cost per swing is between $600-800. R-10-116 Page 4 FISCAL IMPACT For any benches that are installed pursuant to this policy, the District will require a one-time 11,000 endowment from requestors of special recognition to pay for the cost of maintaining a memorial bench. Approval of this recommendation will ensure cost recovery for the memorial bench program and will not result in any additional budget expenditures. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS The Policy for Site Naming, Gift and Special Recognition will be amended and a list of memorial bench locations will be drafted by the Planning department at a rate of two preserves per year. Attachments: Site Naming Policy(clean version) Site Naming Policy(with tracked changes) Photo of Swing Bench Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: Same as above j ATTACHMENT A POLICY FOR SITE NAMING. GIFT AND SPECIAL RECOGNITION Adopted by the Board of Directors i August 25, 1993 Amended September 14, 1994 Amended June 24, 1998 Amended September 12, 2001 Amended October 8, 2008 Amended January 13, 2010 1. SITE NAMING All District site names and signs should be kept as simple and functional as possible. When a property is acquired, either as an addition to an existing preserve or for the establishment of a new preserve, a name will be recommended in the Preliminary Use and Management Plan. In most cases, 'open space preserve" is appropriate as part of the name; however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the next Comprehensive Use and Management Plan review. A. Open Space Preserves The name given to each open space preserve should be general enough to remain suitable if the site is enlarged, but specific enough to give its location some significance. Properties added to an open space preserve may not always be contiguous with that preserve. 1. Preserves shall be named after: a) Geographical features of broad, general significance to the preserve; b) Historical persons, cultural names, uses, or events broadly associated with the locale. 2. Preserves shall not an be named after individuals other than historical — Y persons as noted above. B. Preserve Areas, Trails, Site Improvements, Historic Sites and Unnamed Natural Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, and areas of significance within open space preserves. Recognition of significant land gifts, Last Updated: 10/21/2010 Page 1 including "bargain" purchases, will be negotiated at the time of the gift or bargain purchase. l. Preserve areas, trails, site improvements including benches and bridges, historic sites and previously unnamed natural features shall ordinarily be named after: a) Geographical, botanical or zoological identification; b) Historical persons, uses, or events associated with the site, or persons and organizations listed in Section III: "Special Recognition". 2. Preserve areas, trails, site improvements,historic sites and unnamed natural features may in rare instances be named after a living individual who has made an outstanding contribution to the District, subject to approval by the Board of Directors. II GIFT RECOGNITION The purpose of the gift recognition policy is to provide an opportunity for the District to recognize and commend individuals or groups that have made significant contributions of cash, equipment, materials, goods or professional services toward the enhancement of the District, its programs, and its facilities. A. Unsolicited Cash Gifts: Up to $25 Postcard of thanks $26 to $499 Letter signed by General Manager $500 to $1,999 Letter signed by President of the Board $2,000 to $4,999 Letter signed by President of the Board and District gift item(note cards, etc.) $5,000 to $9,999 Letter signed by President of the Board and framed photograph a h of favorite District preserve $10 000 or more Letter signed b President of the Board and Resolution and � Y framedphotograph of District reserve and mention in a p District publication* *These items will be provided only if desired by the donor. III SPECIAL RECOGNITION The Legislative, Funding and Public Affairs Committee(LFPAC) shall be the committee designated to discuss all requests that meet the criteria of the policy for special recognition, made by members of the Board of Directors or by members of the public, including bench memorials and the naming of bridges, and after deliberation shall decide which requests will be referred to the full Board for a vote. Last Updated: 10/21/2010 Page 2 The District places benches in its preserves for three distinct purposes: A. District Rest Benches These benches provide constituents with a place to rest. District staff places these benches without involving a District committee or the full Board. Regular benches must be either a backed or a backless standard bench as described in Section V. below. B. Constituent Memorial Benches These are benches which have been requested by constituents in order to honor a member of the public and are funded by the requestors who must pay$5,000 for the lifetime cost of the bench. LFPAC discusses requests for these benches and decides which requests will be referred to the full Board for a vote. Requestors must be either a deceased significant supporter, or a volunteer, as defined in the following sections. a) Constituent memorial benches shall only be placed in locations that have been pre-determined by the District and approved by the Use and Management Plan committee and by the full Board of Directors. b) If a request for special recognition is approved by the Board of Directors, the requestor(s) shall pay for the cost of constructing, installing and maintaining a memorial bench by contributing $5,000 to a Memorial Bench Fund to cover the lifetime cost of the bench. The District will put this fund into an interest- bearing account which will be used solely for memorial bench construction, installation, repair, and maintenance. c Bench will be 2 x 6 inches in size. plaques d) Benches must be one of the two District standard bench designs. C. District Memorial Benches These are benches which are installed by the District in response to requests by members of the Board of Directors to honor deceased "Founders," "Significant Supporters", and"Volunteers". i a) LFPAC can initiate a bench request and refer a decision to the full Board or individual Board members can initiate a bench request which will be referred to LFPAC for discussion before it is referred to the full Board for a final decision. Honorees must be deceased "Founders", "Significant Supporters", and"Volunteers" (per policy Section III D below). Last Updated: 10/21/2010 Page 3 i b) For these benches there are no design specification limits or limits on their location. The District will pay for the lifetime cost of the bench. D. Deceased Founders, Significant Supporters, and Volunteers "Founders", "Significant Supporters", and "Volunteers" are eligible for special recognition, including memorials. "Founders" shall be defined as an individual or group of individuals who participated in the formation of the District, or were significant supporters of the formation of the District. "Significant Supporters" shall be defined as individuals or group of individuals who have shown conspicuous or noteworthy support for the District through extraordinary contributions of time and effort to the advancement of the goals, philosophy and mission of the District. "Volunteers" shall be defined as individuals or groups of individuals who donated their time to the District by working for the District's docent or volunteer program. IV RECOGNITION OF HISTORIC SITES A. A recognition monument, normally in plaque form, may be considered by the Board if it is in relation to a specific existing building or other remaining structure of significant historic value. In such cases, the plaque will be affixed or in close proximity to the structure itself. If there is no structure, then recognition may he considered for inclusion on District informational materials or trail signage. Such a site, in the absence of a building or structure, will ordinarily not be physically marked except as determined b the Board on a case-by-case basis as art of the p Y Y p Use and Management planning process for the corresponding open space preserve. i i Any Board-approved memorial names shall be included in site brochures, maps, or other informational materials. V STANDARD BENCH DESIGN SPECIFICATION A. District Rest Benches and Constituent Memorial benches, described in III(A) and (B) above, are limited to either of the two following standard bench designs: Backed bench: Dumor- Bench 88, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 6' or 8' lengths Last Updated: 10/21/2010 Page 4 Backless bench: Dumor- Bench 103, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 103-60PL 6' long, 3 supports 103-80PL 8' long, 3 supports B LFPAC can at any point bring designs to the Board that differ from the District's standard bench designs. i I Last Updated: 10/21/2010 Page 5 i i i ATTACHMENT B POLICY FOR SITE NAMING. GIFT AND SPECIAL RECOGNITION Adopted by the Board of Directors August 25, 1993 Amended September 14, 1994 Amended June 24, 1998 Amended September 12, 2001 Amended October 8, 2008 Amended January 13, 2010 1. SITE NAMING All District site names and signs should be kept as simple and functional as possible. When a property is acquired, either as an addition to an existing preserve or for the establishment of a new preserve, a name will be recommended in the Preliminary Use and Management Plan. In most cases, "open space preserve" is appropriate as part of the name, however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the next Comprehensive Use and Management Plan review. A. Open Space Preserves The name given to each open space preserve should be general enough to remain suitable if the site is enlarged,but specific enough to give its location some significance. Properties added to an open space preserve may not always be contiguous with that preserve. 1. Preserves shall be named after: ageographical features f br en 0 broad, general significance to the , g � preserve; b) historical persons, cultural names, uses, or events broadly associated with the locale. 2. Preserves shall not be named after any individuals other than historical persons as noted above. B. Preserve Areas, Trails, Site Improvements, Historic Sites and Unnamed Natural Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, and areas of significance within open space preserves. Recognition of significant land gifts, including "bargain" purchases, will be negotiated at the time of the gift or bargain purchase. 1. Preserve areas, trails, site improvements including benches and bridges, historic sites and previously unnamed natural features shall ordinarily be named after: a) geographical,botanical or zoological identification; b)historical persons, uses, or events associated with the site, or persons and organizations listed in Section III: "Special Recognition". 2. Preserve areas, trails, site improvements, historic sites and unnamed natural features may in rare instances be named after a living individual who has made an outstanding contribution to the District, subject to approval by the Board of Directors. II GIFT RECOGNITION The purpose of the gift recognition policy is to provide an opportunity for the District to recognize and commend individuals or groups that have made significant contributions of cash, equipment, materials, goods or professional services toward the enhancement of the District, its programs, and its facilities. A. Unsolicited Cash Gifts: $ 0 to $ 25 Postcard of thanks $ 26 to $ 499 Letter signed by General Manager $ 500 to $1,999 Letter signed by President of the Board $2,000 to $4,999 Letter signed by President of the Board and District gift item (note cards, etc.) $5,000 to $9,999 Letter signed by President of the Board and framed photograph of favorite District preserve $10,000 or more Letter signed by President of the Board and Resolution and framed photograph of District preserve and *mention in a District publication B. vr-efessiena4sei=viees4: eontfibutions, gifts for-memefials will be aeeepted by the Distfiet if they materials,have been pfevietisly appfeved. T�Tieally, the dener-will be asked to itisWlation, and staff time, f the dene f to „tfib to t ,,nfieip tad .,, ntenan e a es f r n These items will be provided only if desired by the donor. III. SPECIAL RECOGNITION The Legislative, Funding and Public Affairs Committee(LFPAC) shall be the committee designated to discuss all requests that meet the criteria of the policy for special recognition, made by members of the Board of Directors or by members of the public, including bench memorials and the naming of bridges, and after deliberation shall decide which requests will be referred to the full Board for a vote. i The District places benches in its preserves for three distinct p_pr oses: 1. District rest benches These benches provide constituents with a place to rest. District staff places these benches without involving a District committee or the full Board. Regular benches must be either a backed or a backless standard bench as described in Section V. below. 2. Constituent memorial benches These are benches which have been requested by constituents in order to honor a member of the public and are funded by the requestors who must pav $5,000 for the lifetime cost of the bench. LFPAC discusses requests for these benches and decides which requests will be referred to the full Board for a vote. Requestors must be either a deceased significant supporter, or a j volunteer, as defined in Section A. below. o Constituent memorial benches shall only be placed in locations that have been pre-determined by the District and approved by the Use& Management Plan committee and by the full Board of Directors. o If a request for special recognition is approved by the Board of Directors, the requestor(s, shall pay for the cost of constructing, installing and maintaining a memorial bench by contributing$5,000 to a Memorial Bench Fund to cover the lifetime cost of the bench. The District will put this fund into an interest-bearing account which will be used solely for memorial bench construction, installation, repair, and maintenance. o Bench plaques will be 2 x 6 inches in size; o Benches must be one of the two District standard bench designs. 3. District memorial benches i These are benches which are installed by the District in response to requests by members of the Board of Directors to honor deceased "Founders," "Significant Supporters", and "Volunteers". o LFPAC can initiate a bench request and refer a decision to the full Board or individual Board members can initiate a bench request which will be referred to LFPAC for discussion before it is referred to the full Board for a final decision. Honorees must be deceased "Founders" "Significant Supporters". and "Volunteers" (per policy Section III A., below.). o For these benches there are no design specification limits or limits on their location. The District will pay for the lifetime cost of the bench. , , A. Deceased Founders, Significant Supporters, and Volunteers "Founders" "Significant Supporters", and"Volunteers" are eligible for special recognition, including memorials. "Founders" shall be defined as an individual or group of individuals who participated in the formation of the District, or were significant supporters of the formation of the District. "Significant Supporters" shall be defined as individuals or group of individuals who have shown conspicuous or noteworthy support for the District through extraordinary contributions of time and effort to the advancement of the goals, philosophyand mission of the District. trict. "Volunteers" shall be defined as individuals or groups of individuals who donated their time to the District by g workin for the District's docent or volunteer program. IV. RECOGNITION OF HISTORIC SITES A A recognition monument, normally in plaque form, may be considered by the Board if it is in relation to a specific existing building or other remaining l i structure of significant historic value. In such cases, the plaque will be affixed or in close proximity to the structure itself. If there is no structure, then recognition may he considered for inclusion on District informational materials or trail signage. Such a site, in the absence of a building or structure, will ordinarily not be physically marked except as determined by the Board on a case-by-case basis as part of the Use and Management planning process for the corresponding open space preserve. Any Board-approved roved memorial names shall be included in site brochures maps, or other informational materials. N T A PPRO ED MEMORIAL A T BENCH T OG A' JON-C I VJV. STANDARD BENCH DESIGN SPECIFICATION A District Rest Benches and Constituent Memorial benches, described in III (1) & (2) above, are limited to either of the two following standard bench designsTke Backed bench: Dumor- Bench 88, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 6' or 8' lengths i Backless bench: Dumor- Bench 103, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 103-60PL 6'long, 3 supports 103-80PL 8' long, 3 supports B LFPAC can at any point bring designs to the Board that differ from the District's standard bench designs. i �-r►t .., -.:.�" a '-�' +Y ;. %}a`�� _.. .r Photo Director Jed Cyr at the Special Park Districts Forum